Manus E ZIP Try
WHAT HAS TO BE CHANGED
IN THE CONSTITUTIONS OF ALL STATES
TO MAKE A LASTING PEACE POSSIBLE
AND HOW
CAN THESE REFORMS BE REALIZED?
BY J. M. ZUBE, 1962
First complete translation, from German into English, with some changes and additions: 1979.
First published in the PEACE PLANS series as PEACE PLANS 61 - 65, in 1979.
Then re-filmed and reproduced in PEACE PLANS 61-63. (Refilming on 3 microfiche was cheaper than getting 5 microfiche duplicated again, in a set of 100 each.)
In the present proof-reading of the scanned texts some changes are likely to be introduced again.
Previously to 1979 only some sections were published in my PEACE PLANS series.
Digitized: 6.12.02, which took about 10-11 hours with my old system. (HP PrecisionScan. - The newer programs, Omnipage 9 - German & English version - & Omnipage Pro 10 - presently refuse to recognize the existence of my scanner: HP ScanJet 6200C.) The proof reading will probably take much more time.
Available free of charge, upon request, by e-mail, in RTF, zipped, until it is available on some website or CD-ROM.
No copyrights claims are made except that I reserve the right to publish it myself in any medium and to allow others to do so.
If you should know of a better libertarian peace programme, please do inform me about it.
Most of the ideas here somewhat systematically explained were alphabetically combined in my second peace book:
"An ABC Against Nuclear War", primitively offset printed & bound as PEACE PLANS 16-18 in 1975, later microfilmed and then microfilmed again, as PEACE PLANS 16/17, then also digitised and made available via e-mail.
The German original was microfilmed in PEACE PLANS 399-401, with some additional material and recently digitised and is also available by e-mail upon request. It comes to 579 Kbs zipped in RTF.
The German original is being revised by Andre Lichtschlag for publication in print, upon demand, with certain segments excised.
The digitised versions are the most legible ones. They are also somewhat corrected, revised and supplemented.
In the appendix some material is here added to this peace book, items that appeared in PEACE PLANS 61-63, for this digitised edition is also to serve me as an electronic version of PEACE PLANS 61-63.
LIBERTARIAN MICROFICHE PUBLISHING
& Research Centre for Monetary & Financial Freedom Libertarian Peace Plans, Panarchism, Productive Coops, Free Trade, Libertarian Defence, Liberation Revolution & Militias, Alternative Media & Enlightenment Options, a Libertarian Encyclopaedia, Archive of Ideas, Bibliographies, Abstracts, Indexes, Definitions, Classification Schemes, Directories, Reviews, Slogans for Liberty Encyclopaedia, Refutations Encyclopaedia, etc., on the road towards a complete and permanent Libertarian Library, Publishing and Information Service, making optimal use of all affordable and powerful alternative media so far vastly under-utilized for libertarian texts, like microfiche, floppy disks, CD-ROMs and DVDs to bring about a genuinely cultural revolution & sufficient enlightenment, together with PIOT: Panarchy In Our Time or: To each the government or non-governmental society of his or her dreams.
John Zube, LIBERTARIAN MICROFICHE PUBLISHING, P.O. Box 52 or 35 Oxley St., Berrima, NSW 2577, Australia, e-mail: jzube@acenet.com.au Tel. (02) 48 771 436. No FAX!
Main website: www.acenet.com.au/~jzube It lists alphabetically the authors of PEACE PLANS Nos. 1-1545 & offers and introduction to microfilming & some essays on monetary freedom and panarchism. Total nearly 5 Mbs.
Supplementary lists, alphabetically and by PEACE PLANS numbers, covering PEACE PLANS 1546 - 1768, on 5.8 Mbs, are now available at www.butterbach.net/lmp/ Cross references in these lists are still very incomplete.
LMP's main website offers a 2,000 pages guide to the PEACE PLANS issues that LMP has produced since 1977, containing, on about 500,000 pages, libertarian and anarchist books, pamphlets, magazines, newsletters, dissertations, bibliographies, directories, indexes, essays & articles, letter, review & leaflet collections, etc., with an average of over 300 pages per microfiche: $ 1 cash each, post-free for orders of at least 10, or 2 International Reply Coupons or $ 2 other non-cash, with small cheques not accepted.
Has any other individual published more freedom texts, more cheaply, in any medium?
Many of the PEACE PLANS in the Supplementary List do contain material compiled from websites, with their links. My thus recorded survey of libertarian sites is still very incomplete and I would prefer to see such a compilation on CD-ROMs.
Lists on the libertarian CD-ROM project are on www.butterbach.net/project.htm If you want to be entered in an update list, please contact me by e-mail, with the entry you prefer for yourself.
An alphabetical compilation on free banking or monetary freedom, 2.6 Mbs, is available on www.butterbach.net/freebank.htm A small step towards an encyclopaedia on Free Banking. Your entries are needed!
All of PEACE PLANS 1-20, 61-63, 183 & 399-401 are now available in small batches via e-mail, until they can be offered on a website or CD-ROM or both.
==================================================================================
Advertisement from the 1979 edition:
A short
PEACE QUESTIONAIRE
Please keep your replies to 1-10 pages foolscap unless you have a whole libertarian peace programme to offer in manuscript for non-exclusive microfilming.
I intend to compile the answers into a book and to "publish" this on microfiche film. Mention your full name and address or not, as you please.
Please use separate sheet(s) for your reply. At least another 50 replies are needed for the first issue - of what thoughtful people think on peace. (The replies were microfilmed in PEACE PLANS 650.)
-------------------------------------------------------------------------------------------------------------------------------------------
1.) What do you understand under the term "civil and international peace"?
2.) What do you consider to be the main foundation stones for this peace?
3.) How, according to you, could this kind of peace be achieved?
You might consider this to be a mini-referendum, putting the thinking, responsibility and decision back to you.
That our governments and recognized experts are incapable of solving this question seems to be obvious by now.
Please send your answers to: John Zube, 35 Oxley St., Berrima, NSW, Australia 2577. jzube@acenet.com.au
(2002 address! I would gladly reproduce a larger edition than that offered in PEACE PLANS 650. - J.Z., 7.12.02.)
Is there a higher duty than thinking about & working for a peaceful, just & free society for all rational beings? -
J.Z. 2/84.==================================================================================
WHAT HAS TO BE CHANGED IN THE CONSTITUTIONS OF ALL STATES
TO MAKE A LASTING PEACE POSSIBLE
AND HOW CAN THESE REFORMS BE REALIZED?
C O N T E N T S
MAJOR DIVISIONS
PART ONE:
WHAT FUNDAMENTAL HUMAN RIGHTS HAVE TO BE INCLUDED IN THE CONSTITUTIONS OF ALL STATES TO ASSURE LASTING WORLD PEACE AND WHAT INSTITUTIONS ARE TO BE ESTABLISHED UPON THESE CONSTITUTIONAL CHANGES? ………………….………………………………….. 25 - 155
(A) P R I N C I P L E S ……………………………………………………………………………. 25 - 71
Sec. I What GENERAL new human rights must be included in all constitutions? …………………… 25 - 63
Sec. II What ECONOMIC new human rights are to be included in all constitutions? ………………… 64 - 71
(B) I N S T I T U T I O N S ……………………………………………………………………… 72 - 155
Sec. III To what extent have our institutions and principles for the protection of human rights to be changed?
What new institutions for the protection of human rights have to be established? ……………………… 72 - 92
Sec.IV What new economic institutions are to be established upon the above economic rights? …… 93 - 155
PART TWO:
HOW CAN THE REFORMS DESCRIBED IN THE ABOVE FOUR SECTIONS BE REALIZED? …………………………………………………………………………………………………………… 156 - 328
(C) FORCEFUL REALISATION WHERE NECESSARY ……………………………………………. 156 - 276
Sec.V Realisation of human rights and of the natural rights of rational beings, and thereby of peace,
by REVOLUTIONS to overthrow the dictatorial regimes ……………………………………………… 156 - 203
Sec.VI The organization of MILITIAS for the protection of human rights and the establishment of
world peace - and their conduct and programme in war and peace ……………………………………… 204 - 276
(D) ENLIGHTENING PROPAGANDA WHERE POSSIBLE …………………………………………. 277 - 328
Sec.VII How can the reform ideas advanced in this programme be sufficiently spread
in the democratic States? ………………………………………………………………………………… 277 - 328
A P P E N D I X . ………………………………………………………………………………………… 329 - 392
ALPHABETICAL INDEX ……………………………………………………………………………… 393 ff.
For more detailed subdivisions see pages 11 - 24 & 487.
==================================================================================
2
WHAT HAS TO BE CHANGED IN THE CONSTITUTIONS OF ALL STATES
TO MAKE A LASTING PEACE POSSIBLE
AND HOW CAN THESE REFORMS BE REALIZED?
BY J. M. ZUBE, 1962
3
THE GOVERNMENTS HAVE DONE WHAT THEY COULD DO
AND STILL DO
WHAT THEY CAN DO.
WHAT CAN BE ACHIEVED IN THIS WAY EVERYBODY CAN SEE:
EVERYTHING IS PREPARED FOR THE GREATEST OF ALL WARS.
NOTHING IS DONE TO ESTABLISH A LASTING WORLD PEACE.
COMPLETELY NEW PATHS HAVE TO BE TAKEN:
THE STATIST INSTITUTIONS HAVE LARGELY TO BE REPLACED
BY PRIVATE ONES - & THE MAXIMS OF "PRACTICAL" & POWER POLITICS -
BY MORAL AND RATIONAL PRINCIPLES.
"People want peace so much that governments had better get out of their way
and let them have it!" - Dwight D. Eisenhower
"The conditions and not people cause wars.
The conditions of war cannot develop out of purely personal relations
but merely out of the existing conditions." - Jean Jaques Rousseau
"Ask all people: Do you want peace?
Unanimously they will answer:
"I wish, desire, want and love it!"
Thus you must also love justice -
for justice and peace are two friends.
If you don't love the friend of peace,
then peace will neither love you nor come to you." - Augustinus
4
D E D I C A T I O N
This book is dedicated to the memory and ideas of Ulrich von Beckerath, who died ten years ago and was my admired teacher, mentor and friend for 17 years. He either developed, re-discovered or stressed most of the ideas in this book. From his writings, letters, notes and remarks in conversations with him I have taken very much literally, without always stating this expressly. Usually, I could not have provided a better wording myself and he did not want to be mentioned too often.
In the depth and sharpness and richness of his thoughts and ideas he has in my opinion not been exceeded by any other social reformer.
I hope that in the not too far future his numerous pioneering thoughts will become known and appreciated. Nay, more so: I do happen to wish to survive and live a long and free life, I wish life and liberty to all those dear to me and to all non-aggressive others and for this purpose I, all others and this whole world truly depend on the rapid realisation of his most important ideas, in the tolerant ways he suggested. Without them I do not see much hope for us but instead almost the certainty of disaster, a greater man-made disaster than ever before, perhaps the final one.
While I find his ideas as crucially important, I see them still and everywhere among the most unknown, ignored, misunderstood and least appreciated ideas in existence. This discrepancy is sometimes hard to take and only the hope, however forlorn, provided by his programme, gives me the courage to battle on.
Because of his advancing age and failing health after the second World War he did not get around to put this peace programme in writing himself. I am sure he would have done a better job of it. For all remaining its faults I claim exclusive responsibility.
J. M. Zube, 5/79.
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B E W A R E O F T H E D I S I N T E R E S T E D O N E S!
On all those who will put this book away again, after a short glance, Bruno Jasiewski had this to say in his book :
Die Verschwoerung der Gleichgueltigen" (The Conspiracy of the Disinterested):
Do not fear your enemies - for at most they can only kill you.
Do not fear your friends. At most they can only betray you.
But be afraid of the disinterested ones.
They do not kill and they do not betray -
But only due to their tacit agreement
do murder and treason rule in this world!
6
P U B L I C W A R N I N G
TO ALL COMMUNISTS, FASCISTS AND OTHER TOTALITARIANS IN POWER
AND TO ALL TERRORISTS ASPIRING TO POWER:
Here your last chance is offered :
Use the new economic, political and social tolerance here proposed, to realize your (in our view wrong) ideas, theories and plans, in rightful experiments, i.e. at your own expense and at your own risk, among voluntary members only (in voluntaristic, autonomous and exterritorial communities under personal laws), and then to appeal to others to voluntarily imitate your examples, but take care to cease all attempts to impose your ideas upon us -unless you want to be overthrown and held responsible by us, by all whom you oppress or threaten.
This book describes how this can be done, how ideas can become more powerful than all armies and police forces, how they can mobilise rightful defensive forces for the protection of all individual human rights.
P U B L I C A P P E A L
ANTI-TOTALITARIANS AND MINORITY GROUPS OF ALL PERSUASIONS: UNITE!
If you unite in a common defence and liberation effort against all totalitarians and despotic majority and minority groups, unite in away which would permit you to retain your full diversity and free choice for all your individual members (as suggested in this book), unite only in a common programme to regain or protect your rights, then, between you, you will far outnumber any other existing organisation which oppresses or threatens your rights and will actually for the first time constitute a world-wide and effective majority, possessing the strongest creative and defensive powers.
You can achieve this under a platform of mutual tolerance for all tolerant actions, a programme which will lastly lead to full autonomy for yourself and to the maximum chance to spread your ideals as widely as possible. What more could any rational and non-aggressive being ask for? Any other attempt is self-destructive in the long run. This programme offers united strength through the greatest possible toleration for diversity.
7
INTRODUCTION
To the Original German Manuscript, 1962
This book is not a captivating novel. It demands much from its readers and is difficult to read because (apart from its style and structure, for which I am to blame) it brings many new, contrary, "great" and abstract ideas, none of them popular, most of them opposed to conventional thinking on these subjects.
Only a few readers will possess sufficient knowledge, interest and ability to concentrate to enable them to read it in one sitting. It would indeed be surprising if a book on which the author worked for several years, mostly from 1958-1962, could be read and understood within a few hours. I must myself confess that the subject matter, in describing, developing and revising the text, has cost me so much mental labour that I could work only on a few pages in one sitting.
Thus I appeal to you to use this book at first only like a reference work. For this purpose the contents description and the alphabetical index have been rather detailed. One could begin to read this book almost anywhere, for instance in the appendix section: The draft of a new declaration of human rights, in Appendix I and the Peace Programme, in Appendix V, bring in concise form the main ideas of this book. The essays and excerpts (in Appendix. 11/1 - 11/7) from dePuydt, Herbert Spencer, J. G. Fichte etc., describe clearly enough, although not with all international implications, the most revolutionary idea in this book. (This idea is going to be developed in great detail in a planned separate book, most likely under the title: The Exterritorial Imperative.)
(See the growing encyclopaedia: "ON PANARCHY", of which so far 24 volumes on 24 LMP microfiche appeared and also the website www.panarchy.org established by Gian Piero de Bellis, which brings the classic article by dePuydt in French, English, German, Italian and Spanish - & much other material. - J.Z., 7.12.02.)
One can also read most of the seven major sections of this book by themselves.
From the beginning to the end one should read this book possibly only after repeated part-assaults of the above type - if one has thereby developed a sufficient interest in the details of the peace programme contained in these pages.
Naturally, you do not have to follow my advice - but do remember, you have been warned!
As many thoughts in this book will be new to most readers or contrary to many of their established opinions, I also ask you to hold back with your criticism to the end, when you have finally read everything in context. (Then, by all means, get stuck into these ideas, preferably by writing to me. I would love to put out a volume of criticism of this work together with my replies.)
I have (here!) intentionally failed to answer all objections which I have already heard or which might be made. This book would only have become still more voluminous and less legible as a result.
In this respect and right now I can only offer my assurance that there are probably few books which considered as much criticism against the own positions taken. (This will be proven to a large extent when I get around to publish in microfiche form an encyclopaedia of refutations of common myths, errors, prejudices and beliefs on social subjects.)
Once you have read and thought through all the reform proposals here made and their interrelationships then you can hardly fail to notice that most of the initial objections and doubts occurring during a first superficial reading do no longer apply. I have not, knowingly, ignored any of the many thousand objections which were held against me in the oral discussions of these subjects, or which I could think of myself. Unless I have answered at least a few dozen, if not a few hundred objections, to my own satisfaction, I do not take any position in writing, as a rule. At least I always try not to do so - particularly when an idea is close to my heart.
Many readers, after a cursory perusal, are likely to ask what many of the reforms here advanced have to do with the promotion of peace and whether they would not even contradict peaceful endeavours. Among the most frequent
8
are likely to be the following:
Is not the cause of peace directly opposed to all military preparations and revolutionary attempts?
Does a peace lover really have to have military knowledge? Does he have to be a revolutionary? Does he have to understand something of ethics, economics and sociology?
Some detailed answers to such questions are to be found in the corresponding sections of this book. Here it must suffice to indicate some of its basic ideas:
One of the characteristics of the military establishments and of modern wars is their tendency to perpetuate themselves, to cause ever new wars and military expenditures and even to threaten mankind with extinction. I hold that only serious peace lovers are able to advance the principles and practices of military science from conventional military barbarism to an advanced stage at which military forces of the present type would be dissolved, where atomic destructive devices would be disarmed as valueless and where the last "wars" which might still be justified and necessary: defensive wars against totalitarian States, would no longer deteriorate into total wars but, instead, would be reduced to mere police actions against a small group of political criminals.
Such efforts would obviously not require great military strength in the conventional sense, large sacrifices of blood and many destructive measures. Moreover, they could, without nuclear devices, be successfully conducted against an enemy regime armed with nuclear devices.
Lastly, such "wars" could realize reforms which would largely prevent wars in the future. (Compare Section VI.)
Moreover, only peace lovers who are also revolutionaries, could rapidly end wars by depriving those of the participating governments which do not conduct justified defensive wars, of all their powers.
Furthermore, it should be obvious that for the prevention of war peace lovers must also know how to overthrow dictators, like Hitler, in time - and how their mass extermination devices could be destroyed. (Compare Section V.)
Moral philosophy is required to understand that the recognition of certain new moral principles, a rightful order built upon them and certain protective organizations, are an essential foundation for the establishment of peace, especially for the prevention of nuclear war. (Compare Sections I, III and PEACE PLANS No. 16-17.)
Peace lovers also require economic knowledge to enable them to carry out the economic reforms which are essential to end economic and ideological motives for wars and to render the financing of wrongful wars impossible. (See on this Sections II and IV.)
Peace lovers must also study sociology to enable them to see what difficulties must be overcome and what new institutions must be established in order to bring to general recognition a peace programme that is practicable but which contradicts, so far, the opinions of the majority and is represented today only by a handful of people. (Compare Section VII.)
It will frequently happen that a reader will get lost in the thicket of these detailed proposals. For myself I doubt that one can really discuss too many details of the problems associated with establishing world peace. Those readers, who are getting lost, should be able to re-establish their bearings by referring to the extensive contents listing and to the alphabetical index. (They might also benefit from consulting the alphabetized handbook provided with PEACE PLANS Nos. 16-17.)
I would not have been able to fully and freely discuss the contents of this book publicly in my home town, in "free" West Berlin. My superiors in the public service organization I was working in, told me that such ideas would provoke the Soviets and that I would lose my job if I would not give up
9
propagating them. I preferred to give notice and to migrate to Australia, back in 1959 Here, again, I soon ended up in a public service job. But here and in such a job I never experienced, during 20 years, any difficulties
for having uttered any of my radical views. To that extent Australia is still a free country and I do appreciate it as such.
In conclusion of my introduction let me quote Immanuel Kant's still necessary defence of the utopists (in "Kritik der Reinen Vernunft" - Criticism of Pure Reason):
"The Platonic Republic has become proverbial as a supposedly extreme instance of dreamed-up perfection which could be situated only in the brain of an idle thinker. Brucker finds it even ridiculous that the philosopher asserted that a prince would never rule well unless he would understand certain ideas.
Yet one would do better to pursue this thought further and explain it through new endeavours (wherever Plato as a pioneer cannot help us) rather than merely condemn it as useless, under the miserable and harmful pretence of impracticability.
A constitution of the greatest human liberty, according to principles which assure that the freedom of each can coexist with the freedom of others, not of the greatest happiness, for this would automatically follow, is at least a necessary idea. Thus it should not only be taken as the basis for any first draft of a State constitution but also as the foundation for every law.
In this one should, initially, disregard any present hindrances as they might have arisen not at all or not inevitably out of human nature but rather out of the neglect of genuine ideas in legislation. For nothing can be found that is more harmful and less becoming to a philosopher than the common reference to supposedly contradictory experience - an experience which would not exist at all - if preparations had been made in time, in full accordance with genuine ideas, if the place for genuine ideas had not been occupied by rough concepts (rough precisely because they were merely taken from experience), which have obstructed all good intentions.
The more legislation and government are arranged in accordance with this idea, the rarer would coercion (penalties) become. Thus it is quite reasonable (as Plato asserts) that in a perfect arrangement of them no coercion (penalties) would be necessary any longer.
Although the latter may never be realized, nevertheless, the idea is quite right which sets up this maximum as the ultimate example towards which the lawful constitution of man should gradually strive, as closely as possible towards the greatest perfection.
For what will be the highest degree at which mankind will have to stand still and thus, how great the gulf between the idea and its execution (which, necessarily, will remain) will be, this cannot and may not be determined by anyone - precisely because we are concerned with freedom which may exceed any set limits." - (The last few words have been stressed by me. - J.Z.)
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1 9 7 9 I N T R O D U C T I O N
TO THE ENGLISH TRANSLATION
This book is partly a translation and to a small extent a re-writing effort of a German book manuscript begun in 1958 and completed in 1962.
As I was then unable to get it published or publish it myself and also incapable to put it into understandable English, I took up my PEACE PLANS series in 1964, in which I published small sections and the main ideas of this book separately. Most of the German book publishers, whom I approached with this manuscript, rightly concluded that there was not sufficient demand for it to permit conventional book publishing. The conventional self-publishing houses were too expensive for me.
I postponed the large chore of translating this book until I could no longer say that my English was insufficient.
Inclusion in the PEACE PLANS series was postponed because of its size and the unsatisfactory appearance of books in small print (Compare Peace Plans Nos. 9-11) and the difficulties and work in binding and selling such books. (Compare Peace Plans Nos. 16-18.)
Now, with microfiche publishing, I have no longer any technical excuses or economic ones for not putting this translation out. I just have to produce one legible copy to get the master fiche made, order a small number of duplicates for immediate mailing and depend for the rest only upon your interest and your orders.
My thinking has changed and, supposedly, advanced in some respects since this manuscript was written. But this concerns mostly only details not fundamentals. As a coordinated over-view of the close relationship between individual liberty and international peace and as a practical programme on how to establish and maintain both, it is still unique in my opinion, judging by the books, magazines, papers and talks I have come across in the intervening 20 years.
Thus I offer here my translation with only some re-writing, omissions and additions. A full revision of this thesis I will have to leave to some future date. However imperfect this book still is, I want it at least microfiche published, at last.
Many of its ideas have already been described or hinted at in the PEACE PLANS series. Whole sections of the Appendix have been published there but the whole programme was never offered in context and complete and
detailed enough. Thus it has, possibly, not been understood by anyone yet. To achieve this, it has to be at least completely published. To achieve a wide-spread understanding, institutions like those described in Section VII have to be established first.
I firmly believe that this book, or rather the ideas it contains, has the chance to change the world, nay even to save it. Whether it will do so depends on you. As far as an individual can undertake the initial steps suggested in this programme, I am in one way or the other engaged in them - all too aware that the institutions required to allow an individual to succeed with such creative endeavours have to be established first.
The potential is there - but it cannot be fully or sufficiently mobilised without your involvement.
J. M. Zube, 5/79.
11
WHAT HAS TO BE CHANGED IN THE CONSTITUTIONS OF ALL STATES
TO MAKE A LASTING PEACE POSSIBLE
AND HOW CAN THESE REFORMS BE REALIZED?
PART I
What Fundamental Human Rights Have to Be Included in the Constitutions of all States to Assure Lasting World Peace and what Institutions Are to Be Established upon these Constitutional Changes?
A) Principles …………………………………………………………………………………………………… 25
Sec. I : What General New Human Rights Must Be Included in all Constitutions? ………………………….. 25
1. Introduction: Most Human Rights Apply only to Rational Beings …………………………………………. 25
2. Extension of the Principle of Tolerance …………………………………………………………………… 25
3. The Right of Individuals to Secede from a State - and Exterritorial & Autonomous Communities of
Volunteers ………………………………………………………………………………………………… 26
a) Definition of the Right of Individuals to Secede from a State ………………………………………... 26
b) Exterritorial and Autonomous Communities of Volunteers as Peace Promoters ……………………… 27
(How would the Exterritorial and Autonomous Communities of Volunteers resulting from the right to
secede be more able than the present States to establish and preserve world Peace? Would already the
mere exercise of the right to secede be peace promoting?)
Experimental freedom for social, economic and political experiments would prevent wars …………… 28
The arms race would come to an end ……………………………………………………………………. 29
A rational disarmament would become practicable ……………………………………………………... 29
The secret production of nuclear weapons would be made nearly impossible …..……… ……………… 30
Atomic weapons would be obviously useless ……………………………………………………………. 31
There would no longer remain an enemy territory or a territory to be defended. ………………………… 32
Frontiers and thereby all frontier wars would disappear ………………………………………………… 32
Civil wars would become very rare ……………………………………………………………………… 33
The communist world revolution would become difficult to impossible ………………………………… 33
Imperialist wars would no longer threaten ……………………………………………………………….. 34
Militarism would also end ……………………………………………………………………………….. 35
Instances of the conventional abuse of the principle of collective responsibility would become less
frequent …………………………………………………………………………………………………… 35
Nationalism, in its new form, would cease to disturb peace …………………………………………… .. 37
Racial strife would be reduced ……………………………………………………………………………. 38
Trade wars would cease …………………………………………………………………………………… 39
A widespread understanding between people of different nations would become possible ……………… 39
The number of motives for wars would be reduced ……………………………………………………… 40
The decision on war and peace would be made by the people themselves ………………………………. 41
Militias would be established to guarantee world peace …………………………………………………. 42
World federations would become easy to establish ……………………………………………………… 43
International Law would subsequently rest securely upon human rights ………………………………… 44
The timely declaration of rightful war and peace aims would either prevent or rapidly end wars ………. 44
Prisoners of war and deserters would become allies ……………………………………………………… 45
Governments-in-exile could be more easily established and would help to end wars more rapidly ……… 46
Peace treaties would be facilitated ………………………………………………………………………… 47
Separate peace treaties would shorten wars ……………………………………………………………….. 48
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The preparation and conduct of wrongful wars would become more difficult ……………………………. 49
World peace would also be promoted by an extension of freedom of movement ………………………… 51
The war promoting weapons monopoly would be abolished ……………………………………………… 51
Conscription could no longer be practised ………………………………………………………………… 52
Dictators could be much more easily overthrown ………………………………………………………… 52
Disobedience towards the orders of war criminals would be promoted …………………………………… 54
General strikes would become obviously superfluous to achieve peace …………………………………… 54
Wrongful wars could no longer be financed against the will of the people ………………………………… 55
Tax strikes against governments preparing an unjust war would become feasible ……………………….. 55
The sovereignty of governments, to the extent that it can lead to wars. would be abolished ……………… 55
Summary …………………………………………………………………………………………………… 56
4. Right and duty to resist ……………………………………………………………………………………….. 58
5. Right to bear arms ……………………………………………………………………………………………… 59
6. The right to organise and train militarily ………………………………………………………………………. 60
7. Freedom of migration and movement …………………………………………………………………………. 60
8. Arbitration courts ……………………………………………………………………………………………… 62
9. Assemblies in the open air ……………………………………………………………………………………. 62
Sec. II: What Economic New Human Rights Are to Be Included in all Constitutions? …………………………. 64
1. Right to break monopolies …………………………………………………………………………………….. 65
2. Freedom to issue standardised and typified means of exchange without legal tender ………………………… 65
3. Freedom to choose any standard of value ……………………………………………………………………… 69
4. Right to refuse to accept inferior or suspected means of payment ……………………………………………. 69
5. Free Trade ……………………………………………………………………………………………………… 69
6. Freedom for and within productive cooperatives ……………………………………………………………… 70
B) Institutions …………………………………………………………………………………………………….. 72
Sec.III: To what Extent Have our Institutions and principles for the Protection of Human Rights to Be Changed?
What New Institutions for the Protection of Human Rights Have to Be Established? ………………………….. 72
1. The Protective Institutions of the Old Kind Have Failed …………………………………………………….. 73
2. Exterritorial and Autonomous Communities of Volunteers …………………………………………………… 74
3. A New Human Rights Declaration Is Necessary ……………………………………………………………… 75
4. International Arbitration Court ………………………………………………………………………………… 76
5. Local Militias and International Militia Federation ……………………………………………………………. 77
6. What Principles of International Law Have to Be Included in the Constitutions? …………………………….. 77
a) The Faults of the Old International Law ……………………………………………………………………. 77
b) The New International Law, Based Essentially on Human Rights ………………………………………… 79
c) Whose Laws Are to Apply in Cases of Arguments between Members of Different
Protective Associations? ……………………………………………………………………………………. 82
13
7. Referendums ………………………………………………………………………………………………… 81
a) Why is the parliamentary representative system on its own, without the possibility of
referendums, insufficient? ………………………………………………………………………………… 81
b) Why and on what subjects should there be referendums? ………………………………………………… 82
c) How would the introduction of exterritorial and autonomous communities of volunteers
affect referendums? ………………………………………………………………………………………… 83
d) Are the people to ignorant to decide rightfully in referendums? …………………………………………… 84
e) Would the people, unenlightened as they still are, at present, come too easily under the influence
of demagogues? …………………………………………………………………………………………….. 85
f) Are referendums suitable only for small States? …………………………………………………………… 86
8. Arbitration Courts ……………………………………………………………………………………………... 87
a) Why and to what extent should the sphere of private arbitration be enlarged? …………………………… 87
b) Some disadvantages of today's monopolistic and statist jurisdiction ……………………………………….. 88
c) Some general rules for arbitration courts …………………………………………………………………. 90
9. Recall of Officials …………………………………………………………………………………………... 90
10. Police Powers ………………………………………………………………………………………………. 91
11. Penal Institutions ……………………………………………………………………………………………. 91
12. Conclusion …………………………………………………………………………………………………… 92
Sec. IV: What New Economic Institutions Are to Be Established upon the above Economic Rights? ………… 93
1. Private Banks of Issue which Issue Goods Warrants (etc.) instead of the Banknotes of the Old Kind …….. 94
1/1 Definition of goods warrants …………………………………………………………………………….. 94
1/2 Purpose of goods warrants ……………………………………………………………………………….. 94
1/3 General notes on the foundation of means of payment ………………………………………………….. 95
1/4 Shop-, debtor- & acceptance foundation as cover, instead of a metallic redemption fund ………………. 95
1/5 Currency unit (standard of value) ………………………………………………………………………… 96
1/6 Gold market, gold coins circulation and discount of goods warrants ……………………………………. 96
1/7 Goods warrants must not possess legal tender ……………………………………………………………. 96
1/8 Limited validity or circulation period of the goods warrants ……………………………………………. 97
1/9 Repeal of the legal claim of creditors to payment in cash ………………………………………………… 98
1/10 Text of goods warrants, denominations and typification ………………………………………………… 98
1/11 Limits of goods warrants issues ………………………………………………………………………….. 99
1/12 Discount of goods warrants …………………………………………………………………………… 100
1/13 Use of goods warrants …………………………………………………………………………………. 100
1/14 Forgeries ………………………………………………………………………………………………. 100
1/15 The granting of loans ………………………………………………………………………………….. 101
1/16 The circuits of goods warrants …………………………………………………………………………. 101
1/17 Loans on claims ………………………………………………………………………………………… 101
1/18 Claims which can be discounted or serve as basis for loans …………………………………………… 102
1/19 Condition for loans: no price increases ………………………………………………………………… 102
1/20 Maximum amount for credits ………………………………………………………………………….. 102
1/21 Business area …………………………………………………………………………………………… 102
1/22 Fee for the use of goods warrants ………………………………………………………………………. 102
1/23 Repayment and cancellation ……………………………………………………………………………. 102
1/24 Repayment with clearing bills issued by oneself ………………………………………………………. 103
1/25 Debt foundation as guaranty for the reflux of goods warrants …………………………………………. 103
1/26 Surcharge in cases of repayments with other means of exchange ……………………………………… 103
14
1/27 Reflux by Means of the Purchase of Goods Warrants …………………………………………………. 103
1/28 Time Limit for Loans …………………………………………………………………………………… 104
1/29 Repayment in Instalments ……………………………………………………………………………… 104
1/30 Legal Form of the Issuing Centre ……………………………………………………………………….. 104
1/31 No Business Secrets ……………………………………………………………………………………. 104
1/32 Clearing Centre …………………………………………………………………………………………. 104
1/33 The Position of Employers in the Goods Warrants System …………………………………………….. 104
1/34 The Advantages of the Goods Warrants System for the Workers ……………………………………… 105
1/35 The Advantages of the Goods Warrants System for Wholesalers ……………………………………… 105
1/36 The Advantages of the Goods Warrants System for Independent Professionals ………………………. 105
1/37 Individuals as Issuers of Goods Warrants ……………………………………………………………… 106
1/38 Goods Warrants Issued by Large Firms ………………………………………………………………… 106
1/39 Principles and Conditions for the Granting of Long-Term Credits in Goods Warrants by the
Shop-Association Bank …………………………………………………………………………………. 106
2. Paper Money without Legal Tender but with Tax Foundation ……………………………………………….. 108
2/1 Freedom to Issue - even for the Treasury ………………………………………………………………….. 108
2/2 What Is State Paper Money when it Is not Redeemable and Does not Possess the
Legal Tender Characteristic? ………………………………………………………………………………. 109
2/3 What Is the Essence of Tax Foundation? …………………………………………………………………… 109
2/4 Why Should such Paper Money never Possess Legal Tender? …………………………………………….. 110
2/5 When Must the Issue of Tax Warrants Cease? …………………………………………………………… 111
2/6 Value-Preserving State Paper Money can only Be Issued upon Short-Term Tax Claims ……………….. 111
2/7 No Monopoly for the Issue of such Means of Payment ………………………………………………….. 112
2/8 Gold-Clearing Currency ………………………………………………………………………………….. 112
2/9 Surcharge in Cases of Tax Payments with other Means of Exchange …………………………………… 112
2/10 Limited Validity for Tax Warrants? ……………………………………………………………………… 113
2/11 No Secrecy for the Issue of Tax Warrants ……………………………………………………………….. 113
2/12 Summary ………………………………………………………………………………………………….. 113
3. Gold Clearing Currency within a Free Market for Gold and all other Metals which Con Serve as Standard of Value and as means of payment ………………………………………………………………………………… 114
4. Free Trade System, introduced by Free Ports and Free Trade Zones ………………………………………… 115
4/1 The Fundamental Aims of Free Trade ……………………………………………………………………… 115
4/2 Principles and Facts upon which Free Traders Rest their Case ……………………………………………. 116
4/3 The Ideal of Protectionists ………………………………………………………………………………… 116
4/4 Free Trade and Tolerance …………………………………………………………………………………. 117
4/5 Precedents ………………………………………………………………………………………………….. 117
4/6 Details on the Free Trade Zones to Be Established ……………………………………………………… 118
4/7 It Is up to the Protectionists to Arrange for the Barriers to their Trade which they Believe they Need …… 118
4/8 What Will Free Trade Associations Use as Means of Payment? …………………………………………… 119
a) Payment with Foreign Exchange ………………………………………………………………………… 119
b) Payment with the State Paper Money currently circulating .…………………………………………... 119
c) Payment with Gold Coins and Gold Deposit Certificates ……………………………………………… 120
d) Payment with Gold-Value-Clearing-Certificates ………………………………………………………. 120
4/ 9 Should Free Trade be Introduced even with Communist Governments? ……………………………… 121
4/10 Is the Transition to Free Trade too Difficult? …………………………………………………………… 121
4/11 Is Free Trade only Good for some People and Harmful ………………………………………………… 122
for others?
15
5. Productive Cooperatives ……………………………………………………………………………………… 123
5/1 Principle : Everyone Becomes an Owner of Means of Production ……………………………………… 124
5/2 Cooperative Property as Distinct from the so-called People's Property ………………………………….. 124
5/3 Establishment of Productive Cooperatives through the Purchase of Existing Enterprises ……………….. 125
5/4 Will the Unions Prevent these Reforms? …………………………………………………………………. 126
5/5 Closed Cooperatives as Opposed to Open Cooperatives …………………………………………………. 126
5/6 Main Problems: Management and Marketing …………………………………………………………….. 126
5/7 Distribution of Profits …………………………………………………………………………………… 127
5/8 Appeal to the Capital Market, when Necessary ………………………………………………………….. 127
5/9 Responsibility of Members ………………………………………………………………………………. 127
5/10 The Organs of the Cooperative ………………………………………………………………………… 127
5/11 Particular Advantages of Cooperative Production ……………………………………………………… 128
a) No more Strikes …………………………………………………………………………………………. 128
b) Rationalisation ………………………………………………………………………………………….. 128
c) Increase of Productivity by Subdivision of Large Cooperatives into small subgroups ………………… 129
d) Higher Quality of Products ……………………………………………………………………………… 130
e) Personal Independence …………………………………………………………………………………... 130
f) Working Hours ………………………………………………………………………………………….. 130
g) Earnings ………………………………………………………………………………………………… 130
h) Management Mistakes Will Become less Frequent …………………………………………………….. 130
i) "Go Slow" Policies Will End ……………………………………………………………………………. 131
j) Jobs according to Ability ………………………………………………………………………………… 131
k) Increase of Productivity through Job Rotation in Relatively Simple and Monotonous Jobs …………. 131
l) Theft and Embezzlement Will Be Reduced ……………………………………………………………... 132
m) Waste and Abuse through Neglect and Maliciousness Will Become Less Frequent ……………………. 132
n) Amenities ………………………………………………………………………………………………… 132
o) Less Supervision Required ……………………………………………………………………………… 132
p) Superfluous Jobs Reduced ……………………………………………………………………………….. 132
q) Corruption Avoided ……………………………………………………………………………………... 132
r) Just Determination of the Individual Share in the Profits ……………………………………………… 133
5/12 Summary ………………………………………………………………………………………………… 133
6. Open Cooperatives According to Theodor Hertzka to Abolish the Monopoly Position of those
Natural Monopolies which Do not Deserve Recognition. ……………………………….…………………… 134
6/1 Unlimited Acceptance of New Members ……………………………………………….……………… 134
6/2 Participatory Decision Making by all those Interested ……….………………………………………… 135
6/3 All Business Open to Public Scrutiny ………………………………………………………………….. 136
6/4 The Essence of Open Cooperatives …………………………………………………………………….. 136
6/5 Any Remaining Monopoly Earnings Will Be Donated by the Open Cooperatives ……………………. 137
6/6 Land Monopoly ………………………………………………………………………………………… 137
6/7 Real Estate Property and Right to Living Space ………………………………………………………. 138
6/8 Conversion of Monopoly Enterprises into Open Cooperatives Means their Proper Socialisation
or Transformation into Free Market Enterprises ………………………………………………………… 139
7. Free and Private Building and Housing Market ……………………………………………………………….. 140
7/1 House Building Must Be Liberated ……………………………………………………………………… 141
7/2 Disadvantages of the Provision of Housing by the State ………………………………………………… 142
7/3 How Should Private House Building Be Financed? ……………………………………………………… 142
7/4 Tax Exemption for New Buildings and Building Credits ……………………………………………….. 142
7/5 Development of Saving and Building Cooperatives ……………………………………………………. 143
7/6 Rationalisation of Building ……………………………………………………………………………… 143
7/7 Cooperatives of Building Workers ……………………………………………………………………… 144
16
8. Private Social Insurance Companies …………………………………………………………………………... 144
8/1 Repeal of Compulsory Insurance with a Monopolistic Insurance Authority ………………………… 144
8/2 Self-Financing of the Private Social Insurance Companies with their Own Contribution Money .……… 144
8/3 Abolition of Interest Ceilings …………………………………………………………………………… 144
8/4 Safeguarding Insurance Fund Investments by the Reform of the Trustee Acts ………………………… 145
8/5 Decentralisation into Many Local Insurance Cooperatives …………………………………………….. 146
8/6 Separation of the Old Age from the Invalidity Insurance ………………………………………………. 146
9. Free and Private Exchanges ………………………………………………………………………………… 146
10. Voluntary Taxation …………………………………………………………………………………………. 147
11. Unemployment "Insurance" ………………………………………………………………………………… 149
12. Employment Agencies ……………………………………………………………………………………… 150
13. Private and Competitive Transport Services ………………………………………………………………… 150
14. Private and Competitive Energy Supply 151
14/1 No Monopoly for any Power Plant …………………………………………………………………… 151
14/2 Socialisation (via Open Cooperatives) for those Power Plans with a
Natural Monopoly Position …………………………………………………………………………… 151
14/3 No Nuclear Power Plants ……………………………………………………………………………... 151
a) They are Monopoly Enterprises ……………………………………………………………………. 151
b) They Can Be Abused for Military Purposes ……………………………………………………….. 152
14/4 Supply of Future Energy Requirements through the Opening up of New and Development of Old,
Cheap and, Contrary to Nuclear Energy, Harmless Energy Sources …………………………………… 152
15. Private Postal Services ………………………………………………………………………………………. 153
16. Private Water Works …………………………………………………………………………………………. 153
17. Private Garbage Removal ……………………………………………………………………………………. 153
18. Local Federations of Exterritorial and Autonomous Communities of Volunteers ………………………….. 154
18/1 Introduction …………………………………………………………………………………………….. 154
18/2 Remarks on some Possible Tasks of such Local Federations ………………………………………….. 154
18/3 Community Assembly as the Supreme Body ………………………………………………………….. 155
18/4 Financing of Common Expenditures ………………………………………………………………….. 155
19. Summary of Section IV ……………………………………………………………………………………. 155
17
PART TWO
HOW CAN THE REFORMS,
DESCRIBED IN THE ABOVE FOUR SECTIONS, BE REALIZED? …………………………………... 156
C) FORCEFUL REALISATION WHERE NECESSARY …………………………………………………… 156
Sec. V: REALISATION OF HUMAN RIGHTS AND OF THE NATURAL RIGHTS OF RATIONAL BEINGS, AND THEREBY OF PEACE, BY R E V O L U T I O N S TO OVERTHROW THE DICTATORIAL REGIMES ………………………………………………………………………………………………………. 156
1. Introduction …………………………………………………………………………………………………… 157
2. What Is a Revolution? ………………………………………………………………………………………… 157
3. When Is a Revolution Justified? ……………………………………………………………………………… 157
4. Against Whom and What Shall a Revolution Be Directed? ………………………………………………….. 158
5. Who Should Carry out the Revolution? ………………………………………………………………………. 158
6. A Programme Is Necessary …………………………………………………………………………………… 159
7. Final Aims of the Revolution Necessary Today ………………………………………………………………. 159
8. What Means and Methods Must not Be Used by Revolutionaries? …………………………………………... 160
8/1 Mass Extermination Devices ……………………………………………………………………………. 160
8/2 General Strike …………………………………………………………………………………………… 160
8/3 Conscription ……………………………………………………………………………………………. 161
8/4 Plunder and Requisitioning ……………………………………………………………………………… 162
8/5 Payment with Requisitioning Certificates or Inflated Paper Money ……………………………………. 162
8/6 A State of Siege …………………………………………………………………………………………. 163
8/7 Blockade Measures ……………………………………………………………………………………… 163
8/8 Measures Based upon the Principle of Collective Responsibility ………………………………………. 163
8/9 Annihilation of the Army of the Dictator ………………………………………………………………. 163
8/10 Torture, Rape and other Cruelties ………………………………………………………………………. 163
8/11 Arson ……………………………………………………………………………………………………. 164
8/12 General Sabotage ………………………………………………………………………………………. 164
8/13 Treatment of all Officers and Public Servants of the Dictator as Enemies ……………………………. 165
8/14 The "No Pardon!" Practice as well as the Treatment of those who Were Conscripted against the
Revolutionaries as Enemies and Prisoners of War ……………………………………………………... 165
8/15 Unlimited Central Revolutionary Authority …………………………………………………………… 166
8/16 Espionage ……………………………………………………………………………………………… 166
8/17 Intoxication ……………………………………………………………………………………………. 166
8/18 Barricades ………………………………………………………………………………………………. 167
8/19 Flags ……………………………………………………………………………………………………. 167
8/20 Abuse of Prisoners …………………………………………………………………………………….. 167
9. What Means and Methods Should Be Used by Libertarian Revolutionaries? ………………………………… 167
9/1 Strict Respect for Human Rights and the Natural Rights of Rational Beings …………………………….. 167
9/2 Organisational Measures …………………………………………………………………………………. 168
9/3 Military Measures …………………………………………………………………………………………. 171
a) The Revolution Should Begin with a Military Insurrection ……………………………………………… 171
b) Initial Meetings of Soldiers ……………………………………………………………………………….. 171
c) Secession from the Army and Establishment of the Militia ……………………………………………… 171
d) The First Small Actions of the Revolutionary Militia ……………………………………………………. 172
e) Amnesty and Outlawry …………………………………………………………………………………… 173
f) Peace Declaration Towards Foreign Countries …………………………………………………………… 174
g) Disarmament with Regard to Weapons which Infringe Human Rights ………………………………….. 174
h) Where Should the Revolution Start? ……………………………………………………………………… 176
i) Timing the Beginning of the Revolution ………………………………………………………………….. 177
j) How to Prevent a New Military Dictatorship …………………………………………………………….. 177
18
9/4 Economic Measures of the Revolutionaries ………………………………………………………………... 177
A) Monetary Revolution …………………………………………………………………………………... 177
a) Occupation and Closure of the Central Bank
b) Proclamation of:
the Repeal of Legal Tender & of the Monopoly Position of the Central Bank,
the Freedom to Issue Means of Payment and the Right to Engage in Clearing whenever this
is Possible. …………………………………………………………………………………………... 178
c) Establishment and Initiation of Numerous Clearing Centres and Banks of Issue,
Especially of Cooperative Banks of Retailers ………………………………………………………. 178
d) Proclamation of Freedom in the Choice of Standards of Value and Establishment
of a Free Gold Market and Introduction of the Gold Clearing Currency …………………………… 179
B) Financing of the Revolution …………………………………………………………………………….. 179
a) Some Remarks on the Importance of the Ability to Pay as Foundation
for a Successful Revolution …………………………………………………………………………... 179
b) What Is the Influence of a Revolution upon Payments and Credits? ………………………………... 180
c) Financing of a Fighting Revolutionary Militia Army ………………………………………………… 180
c/1 Cash Payments instead of Pillage ………………………………………………………………... 180
c/2 Issue of Tax Foundation Money …………………………………………………………………. 181
c/3 Tax Levies and Use of these Funds ………………………………………………………………. 181
c/4 Usage of Rare Metal Coins ………………………………………………………………………. 182
c/5 Issue of Shop Foundation Money and Clearing Certificates ……………………………………... 182
d) The Importance of the Monetary Revolution for the Financing and
the Victory of the Revolution ………………………………………………………………………… 183
e) Shortening of Wage Payment Periods ………………………………………………………………. 184
f) Financing of Larger Resistance Groups before he Outbreak of the General Revolution …………… 184
C) Various Economic and Social Reform Measures of the Revolutionaries ……………………………… 186
a) Tax Strike ……………………………………………………………………………………………. 186
b) Refusal to Accept the Paper Money of the Dictator ………………………………………………… 187
c) Protection of Property ……………………………………………………………………………….. 189
d) Preservation and Use of Transport Facilities ………………………………………………………… 189
e) Repeal of all Legal Monopolies and Economic Restrictions ………………………………………... 189
f) Repeal of all Quotas ………………………………………………………………………………….. 189
g) Repeal of Price Control ……………………………………………………………………………… 190
h) Free Trade in Agricultural Products ………………………………………………………………… 190
i) Free Choice of Professions? Training Opportunities and Jobs ………………………………………. 190
j) Transformation of all National Enterprises into Ordinary or Open Cooperatives …………………… 190
k) Establishment of Free Trade Relations with Foreign Countries ……………………………………... 190
l) Unrestricted Sales of the State's Food Stores to the Population ……………………………………... 191
m) Provision of Work for all those Rendered Unemployed through the Revolution …………………. 191
n) Abolition of the Housing Shortage ………………………………………………………………….. 191
o) Establishment of Guaranty Associations ……………………………………………………………. 191
p) Recognition of Indemnification Claims only in a few Extreme Cases ……………………………... 191
19
10. What Can Already Now Be Done in the Free Countries to Prepare a Revolution against a Dictatorship like that of the Soviets? ……………………………………………………………………………………………………. 193
10/1 The Social Reforms which Are to Be Realized in the Dictatorial States in a Revolutionary Way,
Are, first of all, to Be Realized in a Peaceful Way in the Relatively Free Countries …………………. 193
10/2 An Academy for Revolutionaries …………………………………………………………………….. 193
10/3 The Sketch of a Revolutionary Programme, here Supplied, Must Be further Developed ……………. 194
10/4 Publication of the Revolutionary Programme in the Countries under Despotic Regimes ……………. 194
10/5 Guaranties for the Rightful and Peaceful Intentions of the People in the Western Countries towards the
Oppressed under Dictatorships ………………………………………………………………………... 195
10/6 Unlimited Acceptance of Refugees and Deserters …………………………………………………… 195
10/7 Employment and Accommodation for Refugees and Deserters ……………………………………… 196
10/8 Establishment of Exterritorial and Autonomous Communities of Volunteers in the West and
Promotion of such Associations formed by Refugees and Deserters …………………………………. 197
10/9 Teaching the Language Prevailing in Despotically Governed Countries ……………………………… 198
10/10 Preparation of Trade Relations ………………………………………………………………………. 198
10/11 Storage and Smuggling in of Communication Kits …………………………………………………… 199
10/12 Unilateral Destruction of all Nuclear Weapons ……………………………………………………….. 199
10/13 Tyrannicide ……………………………………………………………………………………………. 201
10/14 Appeal to the Oppressed Population to Let themselves Be Trained, Militarily, by the
Dictators ………………………………………………………………………………………………. 201
11. Suggestions for Resistance Groups before the Outbreak of the General Revolution ………………………... 201
12. Tasks for the Resistance Groups …………………………………………………………………………….. 202
13. Open Word to the Soviet Government, the Rulers of Red China and to all other Despotic Regimes ……… 203
Sec. VI: THE ORGANIZATION OF MILITIAS FOR THE PROTECTION OF HUMAN RIGHTS
AND THE ESTABLISHMENT OF WORLD PEACE
AND THEIR CONDUCT AND PROGRAMME IN WAR AND PEACE ……………………………. 204
1. Is the Militia a Rightful Institution? …………………………………………………………………………... 205
2. Is the Militia Necessary for the Protection of Human Rights? ……………………………………………… 206
3. On the Objection that the Weapons Monopoly Must not Be Repealed ……………………………………… 207
4. General Aims and Particular Tasks of the Militia ……………………………………………………………. 209
4/1 Realisation and Protection of Human Rights and the Natural Rights of Rational Beings ……………….. 209
4/2 Resisting and Disarming Organizations Opposed to Human Rights ……………………………………... 210
4/3 Some Examples of Rights to Be Protected by the Militia ……………………………………………….. 210
4/4 Abolition of the Threat of Nuclear War ………………………………………………………………….. 212
4/5 Abolition of the Danger of War altogether ………………………………………………………………. 213
4/6 Tasks of the International Militia Federation …………………………………………………………….. 213
a) Support for the Rightful endeavours of the U.N. ……………………………………………………… 213
b) Reform of the U.N. …………………………………………………………………………………... 214
c) Abolition of Dictatorial Regimes …………………………………………………………………….. 214
d) Determining: Who is the Aggressor? ………………………………………………………………… 215
4/7 Abolition of Standing Armies ……………………………………………………………………………. 219
4/8 Decision on War and Peace ………………………………………………………………………………. 219
20
5. Structure and Organization of the Militia ……………………………………………………………………... 222
5/1 Local Organization ……………………………………………………………………………………….. 222
5/2 Voluntary Membership …………………………………………………………………………………... 222
5/3 Oath to Uphold Human Rights …………………………………………………………………………... 222
5/4 Autonomy of the Militia ………………………………………………………………………………… 223
5/5 Kind of Armament ………………………………………………………………………………………. 224
5/6 General Rights of Members of the Militia ……………………………………………………………….. 224
a) Introduction ……………………………………………………………………………………………. 224
b) Freedom of Speech and Press ………………………………………………………………………… 225
c) Right to Assemble and Associate ……………………………………………………………………… 225
d) Right to Petition ……………………………………………………………………………………….. 225
e) Freedom of Information ………………………………………………………………………………... 225
f ) Right and Duty to Keep Secrets ……………………………………………………………………….. 226
g) Individual Responsibility ………………………………………………………………………………. 226
h) Voluntarism ……………………………………………………………………………………………. 226
i) What Rights Will Be Restricted through the Duty to Resist and to Keep Secrets? …………………….. 226
5/7 The Military Obedience Arising out of the Right and Duty to Resist - and Its Limits …………………… 227
5/8 Election of Militia Officers ………………………………………………………………………………. 228
5/9 Recall of Militia Officers, in certain Cases, by their Subordinates ……………………………………… 230
5/10 Are Professional Soldiers Necessary? ………………………………………………………………….. 231
5/11 The Supreme Commander ……………………………………………………………………………… 231
5/12 Mobilising the Militia: The "On-The-Minute-Man" System …………………………………………… 231
5/13 Publicness of Aims, Meetings and Actions of the Militia .……………………………………………… 232
5/14 Part-time Soldiers, Unpaid ……………………………………………………………………………… 232
5/15 Support in Peace Time …………………………………………………………………………………… 232
5/16 Training and Exercises …………………………………………………………………………………… 233
5/17 Membership ……………………………………………………………………………………………... 233
a) Acceptance …………………………………………………………………………………………….. 233
b) Age Limit …………………………………………………………………………………………….. 234
c) Right to Leave ………………………………………………………………………………………… 234
d) Exclusion …………………………………………………………………………………………….. 234
5/18 Age Structure of Different Units ………………………………………………………………………… 234
5/19 Military Penal Code of the Militia ………………………………………………………………………. 235
5/20 Jurisdiction ……………………………………………………………………………………………… 235
5/21 Insurance of Members …………………………………………………………………………………… 236
5/22 Promotion System ………………………………………………………………………………………….. 236
5/23 No Class Distinctions between Officers and Men …………………………………………………………. 237
6. Can the Militia Become a Threat to Human Rights? ……………………………………………………….. 237
7. How Should the Militia Be Established in the Free and Democratic States? ………………………………… 237
8. Relationship of the Newly Established Militias to the Armies of the Old Type ……………………………... 238
9. International instead of National Organization of the Militia ………………………………………………. 238
10. The Army of Cromwell: A Historical Precedent for the Militia Here Proposed ……………………………..239
11. Methods and Principles of Warfare Conducted by the Militia ………………………………………………. 240
11/1 Introduction : Why Must Peace Lovers Arm and Train themselves and Prepare for the
Conduct of a War? ……………………………………………………………………………………… 240
11/2 General Principle of the Militia for Conducting War ………………………………………………….. 241
11/3 What Actions Must not Be Committed by Militia Men? ………………………………………………. 241
a) Introduction ………………………………………………………………………………………….. 241
b) Treatment of all Soldiers, Officers and other Subjects of the Enemy Regime as Enemies ……… 241
c) Raids against Civilians and Constructions Serving mainly Civil Purposes ………………………… 241
21
d) The Taking and Punishment of Hostages …………………………………………………………... 242
e) Blockades ……………………………………………………………………………………………. 242
f) Wrongful Siege Measures …………………………………………………………………………… 242
g) Use of Mass Extermination Devices ………………………………………………………………… 242
h) Confiscation of Foreign Investments ………………………………………………………………… 242
i) Plunder, Requisitioning or Payment with Inferior Means of Payment ……………………………….. 243
j) Cruelties, Rapes, Arson ……………………………………………………………………………… 243
k) Scorched Earth Measures ……………………………………………………………………………. 243
l) Sabotage Acts (indiscriminate ones!) ………………………………………………………………... 243
m) Military Police ……………………………………………………………………………………….. 243
n) Compulsory Identity Cards in Occupied Territories ………………………………………………… 243
11/4 Warfare as Conducted by the Militia A Kind of Military Jiu Jitsu ………………………………………… 244
a) Introduction ……………………………………………………………………………………………… 244
b) Initiation of Military Insurrections and Revolutions against the Enemy Dictator ………………………. 244
c) Appeal to Desert, Directed to the Soldiers and Civilian Subject of the Dictator ………………………… 244
d) Special Negotiations with Officers on the other Side to Achieve their Cooperation …………………… 249
e) Separate Peace Treaties with whole Military Units of the Dictatorship …………………………………. 249
f) Establishment of Governments-in-Exile and Conclusion of Peace Treaties with them ………………….. 250
g) Details on the Proper Treatment of Deserters and Captured Conscripts ………………………………... 251
h) Employment and Accommodation for Deserters ……………………………………………………….. 251
i) Promotion of Exterritorial and Autonomous Communities formed by Defectors etc. ………………….. 252
j) Language Instruction in all Languages Prevailing in Dictatorial Countries …………………………….. 252
k) Food Drops instead of Bomb Raids ……………………………………………………………………. 252
l) Proclamation of Rightful War Aims …………………………………………………………………….. 253
m) One-Sided Peace Declaration ……………………………………………………………………………. 256
n) Timely Publication of the Programme of the Militia ……………………………………………………. 258
o) Tyrannicide ………………………………………………………………………………………………. 258
p) Observance of International Law and the International Law on Warfare, especially of the Hague
Convention, to the extent that they rest upon the recognition of Human Rights ………………………… 261
q) What Should Be Done instead of Taking Hostages? ……………………………………………………. 263
r) Action towards Nationalistic Terrorists ………………………………………………………………… 264
s) Treatment of Prisoners of War in the Old Sense ………………………………………………………… 265
t) To what Extent Would the Militia Use Destruction as a Military Means? ………………………………. 266
u) Measures to Prevent Rapes ………………………………………………………………………………. 269
v) Public Appeals as Weapons ……………………………………………………………………………… 270
11/5 Some Remarks on the Financing of the Warfare of the Militia …………………………………………… 272
22
D) ENLIGHTENING PROPAGANDA, WHERE POSSIBLE ………………………………………………… 277
Sec.VII: HOW CAN THE REFORM IDEAS ADVANCED IN THIS PROGRAMME BE SUFFICIENTLY SPREAD IN THE DEMOCRATIC STATES? ………………………………………………………………….. 277
1. Introduction …………………………………………………………………………………………………... 278
2. Discussion Centres to Promote the Free Exchange of Opinions ……………………………………………... 278
2/1 The Right of Men and Citizens to Freedom of Expression and Freedom of Information ……………… 278
2/2 What Is Required to Promote the Free Exchange of Opinions? …………………………………………. 278
2/3 How Should Discussions in a Discussion Centre be organised to Facilitate Opinion Exchanges? ……… 279
2/4 Some Advantages of such Discussion Centres …………………………………………………………… 280
2/5 Some Details on these Centres ……………………………………………………………………………. 281
2/6 How Could the First Discussion Centre in a Large Town Be Established? ……………………………… 281
3. Meeting Centres in the Open Air ……………………………………………………………………………. 282
3/1 The Basic Proposal ………………………………………………………………………………………. 282
3/2 What Advantages Are Offered by such Places? ……………………………………………………… 282
3/3 On the Importance of such Meeting Places …………………………………………………………….. 283
3/4 Details on these Institutions and their Equipment ………………………………………………………. 284
3/5 Some Remarks on their Establishment …………………………………………………………………. 285
4. Magazines for the Free Exchange of Opinions ……………………………………………………………….. 285
4/1 For Whom Should such Magazines Be Published and what Is their Aim? ……………………………. 285
4/2 Why Are such Magazines Necessary? ………………………………………………………………….. 286
4/3 Are they Made Superfluous by the Fact that many Magazines Have Letters to the Editor? … ………… 287
4/4 Why Have such Magazines not yet Been Established? …………………………………………………. 287
4/5 Subjects for the Proposed Magazines …………………………………………………………………… 287
4/6 What Kind of Contributions Should these Magazines Publish Preferentially,
according to their Discretion?…………………………………………………………………………….. 288
4/7 Principles and Conditions for the Publication of Contributions Made by the Readers …………………. 288
4/8 Solution of the Problems Arising from the Limited Space Available for Contributions ………………. 289
4/9 Periodical Meetings of Readers …………………………………………………………………………. 290
4/10 How Should such Magazines Be Distributed? ………………………………………………………….. 290
4/11 Some Suggestions for the Establishment of such Magazines ………………………………………….. 291
4/12 Proposals on how to Finance them ……………………………………………………………………… 292
4/13 Some Characteristics of these Magazines which Will Facilitate their Financing ………………………. 293
5. Magazines for the Timely and Sufficient Announcement of all Lecture and Discussion Events at which
Guests Are Welcome (Meeting Calendars) …………………………………………………………………… 293
6. Archive of Social Reform Ideas and the Addresses of Social Reformers …………………………………… 294
6/1 The Importance of Social Reform Ideas …………………………………………………………………. 294
6/2 What Obstacles Exist for the Realisation of Social Reform Ideas? ……………………………………… 295
6/3 What Should Be Done to Facilitate the Realisation of Social Reform Ideas? …………………………. 298
6/4 What Particular Advantages Would this Archive Have to Offer? ……………………………………… 298
6/5 Principles and Conditions of the Archive ………………………………………………………………. 300
23
6/6 How Could this Archive Be Established? ………………………………………………………………… 300
6/7 The Archive here Proposed Is merely Part of a General Archive for Ideas and Talents ………………… 301
7. An Encyclopaedia of Wide-Spread Prejudices, Errors and Fallacies - which Obstruct Social Progress - together with the Best Refutations so far Found: for Use in all Discussions on Economic, Social & Political Problems. 301
7/1 On the Spread of Prejudices …………………………………………………………………………… 301
7/2 On the Importance of Prejudices ……………………………………………………………………….. 302
7/3 On the Ease of Accepting and Spreading Prejudices, Errors and Fallacies …………………………… 303
7/4 On the Difficulties of Attempts to Refute Prejudices, Errors and Fallacies …………………………… 304
7/5 What Is Required to Fight Prejudices? ………………………………………………………………….. 308
7/6 Proposal: Compilation and Publication of an Encyclopaedia of Wide-Spread Prejudices, Errors and Wrong
Conclusions together with their Best Refutations ……………………………………………………… 309
7/7 What Advantages would this Encyclopaedia Offer? …………………………………………………… 310
7/8 How Should It Be Established? …………………………………………………………………………. 312
7/9 How, Where, When and What For Should this Encyclopaedia Be Used? ……………………………… 313
7/10 Some Technical Details of this Planned Encyclopaedia ……………………………………………….. 313
7/11 Would this Encyclopaedia Render the above Discussed Tolerance & Experimental Freedom
Superfluous or vice versa? ……………………………………………………………………………… 314
8. Flow-Chart Discussions ……………………………………………………………………………………… 314
8/1 What Is a Flow-Chart Discussion? ……………………………………………………………………. 314
8/2 What Advantages Does it Offer? ………………………………………………………………………. 315
8/3 How Can it Be Carried Out? …………………………………………………………………………….. 316
9. Programme for a Genuinely Cultural Revolution ……………………………………………………………. 317
10. Conclusion …………………………………………………………………………………………………… 328
A P P E N D I X:
………………………………………… 329I. Draft of a New Declaration of those Human Rights and Natural Rights of Rational Beings
II. Some Contributions to Explain the Proposal to Establish Exterritorial and Autonomous Communities
of Volunteers - in Order to Achieve World Peace …………………………………………………………… 350
1. Johann Gottlieb Fichte: "Beitrag zur Berichtigung der Urteile des Publikums ueber die Franzoesische
Revolution" (Contribution to Rectify Public Opinion on the French Revolution ), 1793,
Extract from Book 1, chapter 3. ……………………………………………………………………………… 350
2. P. E. DePuydt: "Panarchie" (Panarchy), Revue Trimestrielle, Brussels, 1860. ……………………………… 358
For updated French, German, Italian, English & Spanish texts see: www.panarchy.org
3. Herbert Spencer: Social Contract, 1850, Extract from chapters XIX and XXI. ……………………………… 369
4. Werner Ackermann, Appeal to Establish a Cosmopolitan Union, 1931, …………………………………….. 374
5. Ulrich von Beckerath: Draft for the next Peace Treaty with Russia, July 1933 ……………………………… 375
6. Edward Gibbon: The Laws of the Barbarians, an extract from vol. 4, chapter 38 of his famous work. ……… 379
7. Comparison of Anarchism with the New Social System Proposed in this Book …………………………… 380
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III. Has Passive Resistance a Chance for Success? …………………………………………………………… 382
IV. Some Remarks on the Theory that the Security of the "Free World" could be guaranteed by the deterrent
effect of Nuclear Weapons ………………………………………………………………………………… 386
V. A Summary of the Main Points of this Book ………………………………………………………………. 390
VI. Alphabetical Index ………………………………………………………………………………………….. 393
==================================================================================
SOME FILLERS ADDED TO THE MICROFICHE EDITION OF THIS BOOK: ……………………… 447 - 483
1.) LIBERTARIANS FOR LIFE: The Abortion Debate from the Libertarian Pro-Life Perspective, 16pp ……. 448
The articles are listed on page 448.
2.) Edwin Vieira, Jr., The "Right of Abortion": A Dogma in Search of a Rationale. A response to Murray Rothbard,
Tibor Machan & Walter Block, n.d., 8 pages ………………………………………………………………… 464
There is a connection between abortion and warn in the readiness to kill innocents under all kinds of excuses,
but I will not try to elaborate on this connection here and now, having dealt with the subject at some length
elsewhere before, in my PEACE PLANS series. - J.Z., 7.12.08.
3.) LIBERTARIAN MICROFICHE PUBLISHING, Alphabetical Author Listing, MARCH 1982, 12 pp ……. 472
Added here because it was added to PEACE PLANS 61-63. Four other items, that were fiched in PP 61-65,
are still omitted here. They are listed on page 447. I have probably microfilmed them somewhere else.
J.Z., 7.12.02.
==================================================================================
Another self-advertising which followed the above Contents list in PP 61-63: (The figures then given are naturally dated by now:
LIBERTARIAN MICROFICHE PUBLISHING WANTS YOUR BOOK MANUSCRIPTS AND ESSAYS for non-exclusive microfiche publishing.
I charge for this at present $ 25 per 98 pages. For this you get 25 "free" copies and can at any time order more, per ordinary mail, at $ 25 per 100.
All other kinds of libertarian material, previously published but out of print or in low impressions only - and not under copyrights restrictions, at least for this publishing - is also wanted, under the same conditions.
Sponsor your favourite libertarian literature as cheaply. Help to make it available in this form upon demand and prevent it from every getting out of print again.
A 52 page introductory booklet to micrographics, written especially for libertarians, offset: "GONE FICHING - FOR LIBERTY", will be sent by ordinary mail for $ 1.
PEACE PLANS No. 46, on fiche, listing in detail the contents of PEACE PLANS Nos. 1-45 and also the publishing programme of Libertarian Microfiche Publishing, will be sent free, upon request, by ordinary mail.
Microfiche publishing, through me or others, offers you a very cheap opportunity for the self-publishing of books, pamphlets and magazines. ALL YOU NEED, or anyone else, to read all such material, is a CHEAP microfiche reader.
(All the rest con be done for you by one of the numerous micrographic agencies, fast, well and compared with printing, very cheap. ENQUIRE!)
You CAN GET A GOOD ENOUGH MICROFICHE READER, either an outdated model or a second-hand machine, from as low as $ 45 onwards. Look around. E.g. Gordon Enterprises, 'Microfilm Division, P.O. Box 3914 North Hollywood, Cal. 91 609, specialise on reconditioned machines and offer a comprehensive catalog which is almost as good as the market survey by the National Micrographics Association.
MY "Gone Fiching for Liberty" lists cheap and small readers and literature on fiche or film that is of interest to libertarians. These lists will be expanded in future PEACE PLANS.
Upon large literature orders some firms even offer you free microfiche readers. What are you waiting for?
On microfiche all libertarian thoughts, ideas, proposals and discoveries, all addresses and connections you need, can soon become available to you and all others, very cheaply - with your cooperation.
Be With It! For Freedom In Our Time!
==================================================================================
25 A
PART ONE:
WHAT FUNDAMENTAL HUMAN RIGHTS HAVE TO BE INCLUDED IN THE CONSTITUTIONS OF ALL STATES TO ASSURE LASTING WORLD PEACE AND WHAT INSTITUTIONS ARE TO BE ESTABLISHED UPON THESE CONSTITUTIONAL CHANGES?
A) PRINCIPLES
SECTION I:
WHAT GENERAL NEW HUMAN RIGHTS MUST BE INCLUDED
IN ALL CONSTITUTIONS?
"Right is thus: The reasonable peaceful order of a human society in its external relations with others
and towards property." - Prof. Dr. Felix Dahn: "Deutsches Rechtsbuch" (A German Book on Rights)
"Creation alone: that such a species of corrupt beings should exist on Earth, is apparently indefensible by any religious teachings - if we presume that mankind neither will nor can improve. We will, inevitably, be driven to such desperate conclusions unless we suppose that pure moral principles have objective reality, i.e., they can be realised and must be acted upon by the people in a State and by the States among themselves, no matter what objections empirical politics might raise. True politics cannot take a single step without humbling itself before morality and although politics by itself is a very difficult art, its combination with morality simplifies matters, for morality cuts, the knot which politics cannot unravel - whenever the two contradict each other.
Right must be held supreme by man, no matter how many sacrifices this requires of the ruling powers. One cannot go half-way here and devise a compromise between a pragmatically conditioned right (between morality and utility). Instead, politics must bow its knees before morality.
As a result it may hope to rise - though only slowly - to a stage where it will shine persistently."
Immanuel Kant in "ETERNAL PEACE", 1795.
"One has attempted so many things. When will one finally try the most simple solution, Liberty? Liberty for all actions not infringing justice. The liberty to live, to develop oneself, to perfect oneself. The liberty for the free use of all talents, the liberty for the unrestrained exchange of all services?"
Frederic Bastiat: "ECONOMIC HARMONIES"
"Human rights declarations were never complete and, forseeably, will never be complete."
Prof. Arnold J. Lien
____________________________________________________________________________________________
25 B
INTRODUCTION
MOST HUMAN RIGHTS APPLY ONLY TO RATIONAL BEINGS
According to their very nature, most human rights are suitable only for rational beings. Thus nobody can unconditionally claim them who is so irrational as to persistently and significantly offend against any human right.
When human rights are conceded to tyrants and their henchmen, world peace remains threatened. When members of totalitarian groups are conceded the "right" to bear arms, the human rights of all others are endangered. The practice of a human right would thus endanger human rights. Such a contradiction can only be solved by recognition that most human rights apply only to adult and rational human beings and not to irrational ones.
As irrational one would have to consider everyone from whom one would have to expect, judging by his past actions, that he would continue to offend against human rights - at least in the persons of others (in cases of people
claiming certain rights for themselves). 1
In some theories this idea has already been expressed - although the general conclusion has only been rarely drawn, due to the prevailing egalitarian bias and the tendency to make unjustified generalisations. Thus article 30 of the Universal Declaration of Human Rights of 10/12/48 states:
"Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein."
In practice, this limited applicability of human rights, i.e. to rational beings only, has been largely realized by the outlawry of national socialists in many countries and by condemning criminals (i.e., people who had offended
against the rights to life, physical inviolability and property ) to some kind of slave existence for a certain period, also by depriving children and madmen of certain rights.
The human rights draft in the appendix (and previously published in Peace Plans No. 4) tried to distinguish between human rights for all human beings and natural rights of rational beings. (It was again reproduced, together with about 100 other private human rights drafts in PEACE PLANS 589 & 590. - J.Z., 8.12.02.)
In recent years Ayn Rand has repeatedly expressed similar ideas. So far, alas, she considered it unnecessary to base a new code of natural law on this idea. I hope that some of her admirers will go beyond her in this, perhaps using my draft in Peace Plans No. 4 as a basis for discussion.
EXTENSION OF THE PRINCIPLE OF TOLERANCE
Every rational being may freely do anything at his own expense and risk - not only in his private but also in his social, economic and political life - that does not infringe the human and natural rights of other persons.
Nobody may rightly be forced to adjust his life according to the dictates of a temporarily predominating theory. Thus, for instance, the State is not authorised to interfere, by means of old or new laws, with scientific and volun-tarily conducted experiments of a social, juridical, economic or political kind - as long as by such experiments only the life, health, property and liberty of the participating people could be endangered.
This principle is almost axiomatic. It follows from the idea of "rights" and was, in another form, already expressed in many codifications of human rights. Instances :
French Constitution of 3/9/1791, Article 4:
"Freedom consists in the authority to do everything that is not harmful to others. Thus the exercise of the natural rights of man has no other limits than those which assure all other members of society the practice of the same rights."
Irrational people can hardly be considered as full members of society.
The idea of imposed classes and second-class citizenship has nothing to do with this natural and inherent distinction.
26
Similarly (but with the important distinction between harm & wrong!), the French Constitution of 24/6/1793 states in article 6:
"Freedom is the authority of everybody to do everything that does not infringe the rights of others ...."
Likewise, article 2 of the 1946 Constitution of Hessen:
"Man is free. He may do or fail to do whatever does not infringe the rights of others ..."
The Bill of Rights of the German Federal Republic, of 1949, also states in Article 2/1:
"Everyone has the right to freely develop his personality, provided, he does not injure the rights of others and does not offend against the constitutional order or the moral law."
Many more such instances could be given. Usually some statist & territorialist qualifications are added. I have no intention to discuss these here, while stating the pure principle.
Realisation of this expanded principle of tolerance, or rather expanded understanding of tolerance, would help to establish and preserve world peace for a variety of reasons. The main reason is that most ideologies would soon lose their aggressiveness if they could already now be applied by minority groups, practising for, to and among themselves the new system, while living peacefully among and with the majority which, for itself, would practise its own preferred system.
Liberation wars and revolutionary struggle would, obviously, become unjustified and unnecessary where this principle is thoroughly practised. No obviously rational and just motives for war or revolution would remain. The power urge of minorities would be exhausted in the struggle to apply their own ideals in practice and the power urge of individuals could be effectively countered in such a society.
The power addicts would, moreover, most likely be deposed before too long, by some of their own followers, who would no longer be satisfied with promises for the far future but would, instead, insist upon results, upon obvious successes there and then, and there would be no excuses for not supplying them - and, mostly, like all other politicians, they could not.
This extended principle of tolerance could be realized by the recognition of the right of individuals to secede from States like from a church and to form exterritorial and autonomous communities of volunteers.
THE RIGHT OF INDIVIDUALS TO SECEDE FROM A STATE -
AND EXTERRITORIAL AND AUTONOMOUS COMMUNITIES OF VOLUNTEERS
Definition of the Right of Individuals to Secede from a State
Every rational being has the right to secede from every unnatural coercive association, including unions, parties, armies and the State itself - without thereby losing a single human right or natural right of rational beings.
Those who seceded have the right to form new and autonomous associations everywhere, even within and on the territory so far exclusively claimed by the State they have left or by other States, excluding only the private property of the members of other associations, provided that their own associations are also voluntary, i.e. that they themselves respect the right to secede, and that, consequently, they pass and apply only exterritorial or personal laws among themselves and fully respect the human rights and natural rights of the members of the remaining State authority and those of the members of other exterritorial and autonomous communities of volunteers.
I hold that the "social contract", properly interpreted, forms one "association" one cannot rightly secede from. I believe that it is not a contract concluded voluntarily and explicitly between individuals but, instead, one automatically, naturally and inevitably formed by association, one into which every rational being is "forced" by his very nature: A tacit agreement to mutually assist each other in case of a threat to their human or natural rights.
Some have over-simplified, over-generalised or over-extended it by calling it "duty", "solidarity" or "loyalty". (Discussion of these alternatives must be left to some other time and place.) In the above sense the "social contract" is more than a mere herd instinct (by being based on moral sense and moral judgement).
27
It is also less formal than a written constitutional obligation, yet, I believe, it is morally more binding than the latter. It does not require self-sacrifice as a duty. Nevertheless, in some cases, it requires some readiness to risk one's life, liberty and property in the defence of basic rights.
I only state this position here as comment to the above. Explanation and defence of this idea of a "social contract" must be left to some other essay. (Obviously, no one has as yet formally signed such a contract. That should not keep us from pondering its optimal wording. - J.Z., 8.12.02.)
As unnatural and coercive associations I would classify all those whose dissolution or reduction by means of the repeal of their compulsory membership would in no way infringe the human rights or natural rights of rational beings.
After the recognition and realisation of the right of individuals to secede, these unnatural and coercive associations would gradually disappear or be dissolved, at least to a large extent. Although their name and formal structure might remain, their unnatural and coercive nature would disappear completely. What would remain of them in future would, in essence, be no different from that of any of the new volunteer communities: They would also be reduced to being (or advance to being) exterritorial and autonomous communities of volunteers, retained by the consensus of those who did not desire any changes for themselves but wanted to keep all the old laws and institutions. One of the differences would be that now these consenting victims would have to bear the costs and risks of their decisions exclusively themselves. There would be no faster way to teach them! Moreover, they would, more than the other and new communities, be inclined to remain organised along the old national lines, crossing them only when there are national minorities across the former State borders.
States, unions and armed forces would then be reduced to associations of volunteers. They could no longer force institutions and services upon dissenters - who would have left them. The seceded people would either organise such services for themselves or would find it profitable to do without them.
Even in case of war and especially in case of a war, no coercion may be used, in any form and under any pretext, to induce people to retain their membership in any State or exterritorial and autonomous community. (The attempt would provoke the enmity of all other such communities in the world.)
In case some individuals or minority groups not only remained neutral but actively supported an enemy regime, then they would, naturally, have to expect to be treated according to the international laws of war. Fortunately, for a variety of reasons stated below, these cases will become extremely rare.
Exterritorial and Autonomous Communities of Volunteers as Peace Promoters
In the relatively free Western countries, the right to secede could be realised peacefully, e.g. by referendums, but in countries like the Soviet Union only by a revolution.
In Western countries all enemies of nuclear weapons would be likely to secede from States armed with nuclear weapons or involved with such allies. As soon as most citizens are sufficiently enlightened on the immorality and the dangers, not only of the aggressive or defensive but also of the deterrent use of nuclear weapons, moreover, also on the possibilities of defending oneself without nuclear destructive devices against an enemy armed with them, the majority of the citizens would be likely to secede. Then, in referendums among all the inhabitants of large territories (seeing that everyone's rights would be involved), the destruction of the nuclear devices of the remaining States would be resolved upon.
This "interference with the internal affairs" of these States would be justified because one would have to expect that, in case of war, these atomic weapons would attract the enemy's atomic weapons like super-strong magnets and could thus lead to the incidental murder of all or most people in these territories. Thus the right of individuals to secede would lead to the - if necessary -
28
unilateral destruction of nuclear weapons in the West.
In the Soviet Union, the declaration of secession, by individuals constituting the majority of the population, or at least by a decisive minority, could only take place during a revolution. Indeed, it would be an important part of a rightful revolution.
The declaration of secession of the first 10,000 Russian soldiers and officers, e.g. of a division of the Red Army, and the possibilities it opens up for the future for a free development of all Russian minorities and of the majority, would most likely, provided only a detailed and rational revolutionary programme has previously been well publicised, lead to further such declarations of secession in form of a chain reaction. By practising secession and by publicising the number and the different kinds of secessions, the revolution could spread more rapidly. The Soviet Union would soon find itself deserted by most of its former subjects and would, most likely, be unable to defend its former wrongful power with the remaining citizens and soldiers. (At the some time, its remaining rightful authority, over voluntary members only, would become the concern of all other exterritorial and autonomous associations in the world, who should not hesitate to offer their recognition and trade and assistance, should they be required. If it would not exceed this limited rightful authority, the former enemy of all rational beings would become, if not the friend of all, at least recognized as a neutral community, that would only try to spread by persuasion and demonstration of its ideals.)
The subversion of the nuclear strength philosophy brought about by the ideology of tolerant exterritorial and autonomous organization of volunteers, would also extend to those persons supposed to guard and use nuclear devices. The remaining few fanatics would not be likely to have sufficient time, opportunity or convincing military strength left to successfully guard a dictatorial regime's nuclear weapons against destruction by the secessionists. Against revolutionaries in the own country, a regime can hardly use these weapons successfully, i.e., without endangering itself. Moreover, the revolution in the own country would prevent it from attacking external enemies, particularly when these, due to certain actions in these other countries, have rather become friends and allies to the majority of one's former subjects and when there is an honourable and safe way out. "Build your enemy golden bridges!" (Compare the proposals below on revolution, disarmament, tyrannicide, resistance and outlawry combined with amnesty offers.
Experimental Freedom for Social, Economic and Political Experiments Would Prevent Wars
This experimental freedom would reduce ideological tensions and conflicts of economic interests between antagonistic power blocks. State capitalists (Bolsheviks of Soviets) for instance, would no longer be able to condemn private capitalism completely once the latter permitted tolerant State capitalistic experiments.
Capitalism, on the other hand, would hardly blame the Soviets in the economic sphere, if the Soviets permitted tolerant private capitalistic experiments.
Whosoever can realize his programme already in this way would not find followers for an attempt to usurp State power - or only relatively few. Thus he would not acquire a degree of power which might enable him to attempt to forcefully impose his programme upon other States or communities.
Adolf Damaschke defended the experimental approach in his "Geschichte der Nationaloekonomie" (History of National Economy), vol. II, p. 10, in a comment on Considerant:
"His 'Manifest' of 1841 characterises the essence of utopism by making the last decision on the value or worthlessness of a utopia dependent upon the result of an experiment:
'Every theory of social progress must permit a test of its rightness by local experiments, even when it may be called nonsensical, immoral or anti-social. It must be capable to move mankind towards a general practical realisation of the new system by means of voluntary imitation.' "
29
The Arms Race Would Come to an End
In accordance with the old saying "If you want peace, prepare for war!", every State participates in the arms race and thereby, and almost inevitably, brings about war in the long run. (The war preparations discussed in this book are of quite a different kind, as the reader will see later.) Only in a few cases have arms races not led to war in the end: In no more than 1% of the cases recorded!
Otto Lehmann Russbuelt, in: "Wie Gewinnen Wir den Frieden?" (How Can We Win Peace?) brought a statistic on this:
"Of 4,711 peace treaties within 3,500 years - 4,697 were broken and of 1,656 arms races since 650 B.C., 1,640 led to war."
Exterritorial and autonomous communities of volunteers could do without the "safeguard" provided by arms races. They do not have to be afraid of each other. If their case is right then they will finally win, without weapons, through the free choice of their "customers", who will demand and get the standards they like for their dealings. This is probably the most important form of "consumer sovereignty" for our time.
Moreover, they would not be headed by "sovereign" governments which could initiate a war at any time. Thus no one would have to be under arms against them. Neither do they possess any serious reasons or motives for wanting to make war against each other. (Compare the corresponding sections below.)
Furthermore, in a society based upon such communities, hardly anyone would get a chance to acquire genuinely dictatorial powers. In case these societies would have to fight a dictator, in exceptional cases, then (seeing that they are not States without a programme, which can only rely on the superior force of their conscripts and weapons) they would possess, by their very nature, an attractive liberation and peace programme. With this they would not have to beat a dictator in an arms race but could turn his own forces against him and could, thereby, defeat him. (Compare the sections below on Military Jiu Jitsu, Military Strength and Desertion.)
A Rational Disarmament Would Become Practicable
"Nobody can expect the people to prepare themselves, with a polite bow towards the helpless governments of the world, for their end, which is possible now at any hour. On the contrary, the people must now be authorised (they already possess the right) to organise themselves in exterritorial and autonomous communities and to invite the subjects of all governments as members. The most important purpose of these protective associations would be to render all those war material harmless which offend against international law, especially nuclear weapons." - Ulrich von Beckerath, 1882-1969.
Today's governments are unable to carry out a sufficient nuclear (etc.) disarmament and to control it effectively. A complete nuclear disarmament would presuppose that not a single person would remain in power who believes that nuclear weapons offer strength to his nation and thereby security. (Compare, for instance how much this belief prevails still even among libertarians!)
As long as sovereign States continue, they will rightly fear each other. This means that more than one such person will be among those in power. Any ruler, in any State, has sufficient opportunities to hide a number of atomic weapons "to prevent his fatherland becoming defenceless". No controller or control authority or army of inspectors, could prevent that. A relatively light and small device, containing a few pounds of heavy metal, can be much easier
hidden in the territory of any State than the proverbial needle in a haystack. As everyone in power knows that, none of them disarms seriously or takes at least the own disarmament proposals serious.
As long as governments of the present type continue to exist, they must be armed to protect themselves from each other - for the same reason that beasts of prey need sharp teeth and claws against each other. What is needed is not voluntarily given up.
Even if a government seriously tried to achieve disarmament: its army of public servants would be all too small compared with the magnitude this task, regardless how excessive their numbers otherwise are.
30
It could not control every corner of its national territory in this way.
Only the alerted, motivated and properly equipped people themselves could cope with this task.
Exterritorial and autonomous organizations of volunteers, once they may be freely set up, would enable and motivate them to undertake this task. At first, the abolition of motives for war would lead to a stand-still of the arms race. This would be further guaranteed by the impossibility to finance a further arms race. No one would pay for it voluntarily, under the new circumstances.
Moreover, no one would want to remain the subject of a government which would turn its subjects into attractive targets for nuclear weapons - by keeping such weapons itself.
Another aspect is that today the governments still possess a monopoly for measures like disarmament. Due to the weapons monopoly, in combination with the monopoly for armed organizations, the nuclear weapons stores and the manufacturing facilities for nuclear weapons (including "peaceful" nuclear power stations and nuclear research reactors) can today be "protected" against ten-thousands of unarmed citizens. At the same time, the governments cannot offer their citizens sufficient protection against the own atomic weapons and those of enemy regimes. Such a defence is altogether impossible according to the state of science today.
Thus anti-people weapons are under armed protection against the people and the people are not under protection but under constant threats, even extermination threats, which may be carried out with the "most modern means". (Cheap, instant and "scientific" extermination camp packages!) Consequently, the citizens will have to arm and organise themselves properly, that is, with rightful means, in military organizations for the protection of human rights, in militias and exterritorial and autonomous organizations of volunteers - in order to be able to take nuclear disarmament and any other important disarmament into their own hands. (Compare Peace Plans 16-18, especially appendix. 20 & 21.)
The Secret Production of Nuclear Weapons Would Be Made Nearly Impossible
To secretly prepare nuclear armaments is possible only for territorial States. Only they have the power to completely screen large areas from the outer world and the financial resources (due to taxation) to build and maintain nuclear arms factories in them.
Exterritorial and autonomous communities of volunteers, on the other hand, would not possess this kind of power. Moreover, their establishment would do away with secret military zones for nuclear armament purposes. Thus such establishments could hardly be kept secret.
Moreover, their members would live intermixed within the same territory and thus neither would want to nor could keep such preparations secret from each other or would want to engage in them at all. If an attempt were made, it could easily be defeated by an armed citizenry jealous of its rights and concerned for its security and survival.
That once, in future, when present nuclear developments are allowed to proceed unhindered, even private people, with little efforts and costs, could produce nuclear devices, does not refute the above statements. Such a development presupposes that the State, initially and forcefully, pushed nuclear arms and promoted nuclear research and nuclear power development. Moreover, the mere existence of States of the present type "forced" people to think along the present lines.
Territorial, coercive, compulsory and centralised collectivism leads automatically to mass extermination devices. Once the kind of "progress" has been achieved, after which even schoolboys, one afternoon, could construct an atomic weapon, we will be lost anyhow. Any immature, irresponsible, criminal or mad person could then start the holocaust. There are always all too many such persons amongst us, in all positions and in all professions. The present Statist system and the present nuclear science developments play right into their hands. Our hope lies only in this stage never being reached, in nuclear devices being so expensive and laborious to construct and deliver that only criminals in government can afford them. Then we can get rid of these devices together with the criminal governments.
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Under the political system resulting from unrestricted individual secessions, and presuming that the construction and delivery of mass extermination devices would still require considerable costs and efforts, the attempts to produce such devices would soon be found out and considered and treated as the criminal attempts against the people of the world, which they are. Such madmen would stand out like heretics did in former centuries, e.g. among pious Catholics or like religious ratbags among enlightened atheists.
Public opinion would no longer welcome or tolerate nuclear and similar arms as necessary evils but regard them instead as the unmitigated evils and senseless devices which they are. This would have far-reaching effects - because then the public would no longer be confined to mere protest actions but could easily mobilise an effective, even armed and military resistance (with conventional means - against aspiring mass murderers).
But we have to be aware that to prevent development and "progress" of science towards a day when nuclear destructive devices will be within the reach of e.g., schoolboys, it will not be sufficient merely to destroy nuclear bomb factories and nuclear reactors and official military nuclear research. Until the danger is abolished (if ever) all nuclear and corresponding chemical and biological research will have to be interdicted. The survival of man depends on that.
Or would you rather want to kill off all people with violent inclinations and strong power urges at a tender age, before they could do serious harm? Do you defend the right of toddlers to have free access to hand- weapons in their cots and playpens? Do you believe that all "scientific" efforts ought to be unrestrained, even those concerned with mass torture, mass destruction and mass murder? If that is the case, just carry on as you do now. I am not sorry for being emotional and using strong language on such subjects.
Atomic Weapons Would Be Obviously Useless
No "enemy territory" would any longer exist which one could attack with atomic or other mass murder devices. The members of any exterritorial and autonomous association of volunteers would live distributed over the whole world. Thus mass extermination devices, if one would use them, would always kill at least some of the own members. Moreover, one would hit not only enemies but sympathisers or neutrals whose associates thereafter would automatically become fierce enemies of whosoever used a mass extermination device.
In this respect one has to remember that the avenues opened up by individual secessionism for former enemies to live peacefully next door to each other (and yet independent and legally and juridically and in their life style separated), would also break down emigration and immigration barriers, so that people would more and more live intermixed with each other, like they do already, to a large extent, in cosmopolitan cities.
Moreover, the defensive advantage obtained by "enemies" living next door (but merely doing their things to and for themselves) might lead to a complete reversal of present policies: Aliens and foreigners, rather than being excluded, restricted and persecuted, would be more likely welcomed and even invited and sponsored - as a security measure!
While it is true that many dictators would not hesitate to kill some of their own subjects, also (Compare the ca. 10,000 Christians in Hiroshima and the 1,000 soldiers of the Allies in German P.O.W. camps, wiped out by the 'Dam Busters'), dictators would hardly exist any longer under the new conditions. (See below.) Moreover, if they did exist, they would no longer have easy access to nuclear devices. Furthermore, they could hardly overlook that their use of mass murder devices anywhere in the world, where the members of many different groups live intermingled, and yet legally separated, in independent volunteer communities, would rally not only the survivors of the former enemies against them but practically the whole world. Thus they would have hardly any chance to "win". This knowledge would help to prevent such mass murder actions. Today's territorial nationalism hasn't got this inbuilt safety factor.
Moreover, most citizens would no longer recognise any motive for the possession of nuclear devices as rightful. Thus they would see to it that no one could any longer dispose of nuclear weapons. Everyone could then easily see that his ideal social, political and economic order could be realised anywhere without any fight, without conquering power first - although initially only
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among his followers and, later on, only among the additional converts. Everyone could always entertain the hope that, if he becomes successful with his experiments, then, one day, the majority would follow his lead. Thus neither the leaders nor the followers would see or could justify a "need" for mass-destruction and mass-murder devices. Under these conditions any violent attempts would become self-defeating, more than ever before.
One should also take into consideration that in future no State could, by means of conscription and taxation, put so many divisions into the field against us or anyone that, according to the ruling opinion - one could defeat such a host only by mass murderous devices like nuclear weapons.
There Would no Longer Remain an Enemy Territory or a Territory to be Defended
There would no longer be any government territory whose "territorial integrity" is to be defended nor any external enemies against whom a military defence would be required. There would not be any enemy territory, either, which one could attack.
The exterritorial and autonomous communities of volunteers are personal law associations and not territorial organisations!
Moreover, even in the transitional stage, during defensive and liberation wars or uprising against territorial and totalitarian States, the tolerant practice of exterritorial autonomy on the own side (and the intelligent application of the opportunities thereby offered in times of wars & revolutions), would constitute an attractive peace, liberation, revolution and war programme, attractive even for the soldiers of the enemy regime, so that such wars could be rapidly brought to a victorious end, with very little bloodshed. More on this below.
If one looks closely at past and threatening wars, one will have to come to the conclusion that the danger of war continues largely because of the division of the Earth's surface among several areas where these territorial States have exclusive legislative, juridical and tax-gathering powers.
Only the authority of the government of a territory to dispose of it, its resources and its citizens, allows the concentration of power required to conduct a modern war. If one imagines a condition where nowhere any territorial State survived, or only a single World State (or several exterritorial World Federations!), then and under these special conditions no national war could any longer be imagined but at most a civil war. And even the danger of these would be greatly reduced, as we will see later on. (Individual secessionism makes "one man revolutions" or self-help in all spheres possible and with them peaceful and gradualist reformism in any desired direction of "doing one's own thing" to and for oneself.)
Frontiers and thereby all Frontier Wars Would Disappear
Another aspect of the same present territorial political "reality" are the "frontiers". After exterritorial and autonomous communities of volunteers have been introduced all over the world, no "frontiers" in the old political and military sense would any longer "exist", not even as lines on maps.
Without frontiers to delineate military establishments, encircling tax-gathering and juridical areas monopolised by power groups, a war can hardly be imagined.
Why would the frontiers fall? Simply because the new communities are, like churches, personal law associations, not tied to any particular territory, with members everywhere. (They only "territory" they would possess would be the private real estate of their voluntary members, as long as such private property is still widely recognized as exclusive. More on this below.)
The inhabitants of any section of this globe would then no longer be subjected to any particular government imposed juridical system, to any particular national "sovereignty" which, supposedly, has to be protected by military borders and defence preparations. Why should a border be guarded any longer and against whom, when legal uniformity (laws equally applicable to all in a territory) is no longer the ideal, when it has been replaced by a moral or ethical order, within a frame work set by individual human rights, an order which, according to the nature of the organisations involved, is peaceful, harmonious and self-perpetuating without preventing any genuine progress, when everyone can live, undisturbed, under the own or self-chosen laws, anywhere, anytime?
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Civil Wars Would Become Very Rare
Civil wars would become a rare occurrence because the choice would no longer merely be between either domination or submission.
Only on a voluntary basis would this kind of relationship still persist, as in some marriages, while they last.
In question would be only the toleration of the independent and tolerant activities of still another one among numerous diverse groupings and this at a time when the practice and science of tolerance for tolerant actions has been highly developed and most people have already realised its benefits in their daily private and social lives.
The future tolerant social system, by its very nature, offers the possibility of a lasting peaceful coexistence between the most varied social systems. The more absurd the system practised by any of the numerous minorities - or by a majority in an area - would be, the more the people involved would be hard at work striving to turn it into a success (until they have learned their lesson). Consequently, all the less energies they would have left for attempts to impose it upon others.
On the other hand, if they are very successful, then they would hardly have to advertise their successes. The people among whom they live could hardly help noticing the advantages of their new system and would join in droves, moving away from all less successful systems. Again, the participants would be disinclined to impose their system upon others.
They would be too busy showing the ropes to the newcomers. They could also hope that everyone in the world who would sympathise with their system would ultimately join up with them, anyhow. Just like the various religious groups still seem to believe that finally all others would join them.
Revolution as well as terrorist acts are only last desperate attempts of people who see no chances for success at all in the existing peaceful alternatives. Libertarians in the West, who were engaged for a while in political struggles, will understand their frustrations. The party, election and parliamentary representative process is tied to the views of a relatively unenlightened majority whose opinions can only be slowly changed and rarely for the better. The chances offered in this way are indeed legitimate but too small, too small for many who want to see certain reforms or liberties within their lifetime. These institutions are suitable for conservation of whatever is desired by some or many but unsuitable for rapid reforms and radical changes. Moreover, it would not be wise to practise the latter immediately among the majority, particularly when there are volunteers who want to take whatever risks and costs are involved. Thus the discontent of potential revolutionaries and terrorists can be directed into constructive channels. Their creative energies would also be released and thereby they would be pacified, enlightened, or given their chance to enlighten the majority, which would rarely ever be persuaded by mere theories but is capable of imitating successful actions.
Common sense should have told us long ago that in the social sciences as well as in the natural ones and in tech-nology, no progress or experiment should be made dependent upon a majority vote - whenever the human and natural rights of the majority are not threatened. After all, every progress so far was conceived by individuals and promoted initially only by minorities. People who are not only free to talk and listen, write and read, but also free to act, tolerantly, are very unlikely to become rebels or terrorists. As Friedrich Schiller once said:
"Beware of the man who is breaking his chains but do not be afraid of a free Man."
The Communist World Revolution Would Become Difficult to Impossible
Communists of the Soviet type threaten us with world revolution because they realize that by propaganda for their system, on its own, they cannot win. At the same time, they do have a chance today for their combined propaganda and coercion system because all their practical failures can well be hidden behind national frontiers from most of the voters in democracies.
The inclination of communists towards subversion, sabotage, terrorism and revolution or military conquest and domination would be reduced if we permitted them (They would have the natural right to do so only if they were rational beings and thus recognised and respected the human and natural rights of others!) to conduct, at their own expense and risk, any kind of communist experiment among themselves, of a social, economic and political type, in the West, in the form of exterritorial and autonomous communities of volunteers.
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This would also deprive them of any pretence that they would have to resort to arms in order to fight down our opposition. Their own followers would ask: Why should we fight the capitalists when they invite us to live as communists? What better refutation could there be for the class warfare doctrine?
For those communists who initially could not cope with this kind of opportunity, being misled into believing that their kind of system has to be conducted by large-scale territorial bureaucracies, we could even set up some advisory services. (This reminds me of the stoic emperor Marcus Aurelius, who advised to set up advisory services for suicide candidates which would offer information on the most painless methods of doing away with oneself.)
Indeed, the West has so far hardly ever fought against the communist ideology as such. (On the contrary, its governments have copied all too much from it.) Its opposition was mainly reserved to the threat of a communist dictatorship (exerted by other governments) against the "own" nationals. (At the same time they were all too tolerant of communist dictatorships across national borders.)
The rightful part of this tolerance of the West ought merely to be extended. Thus the Western societies should presently offer to communists, and similarly ignorant and misled social re-formers, unlimited opportunities to enlighten themselves by the application of their nonsensical beliefs among themselves. Even fanatics will finally learn from experience - as long as they are not opposed in their tolerant actions and thus turned into martyrs for lost causes. Presently, the Western governments almost "force" the left-wing radicals to consider violent "solutions" and promote such attempts by the very efforts used to repress them. Exterritorial and autonomous communities of communist volunteers, based upon individual secessionism, would act as safety valves.
Moreover, their experiments would enlighten those who would otherwise fall victims to communist propaganda. Their failures would reduce their numbers so much that they would tend to become a harmless minority, even if they remained addicted to violence, as long as they have no longer access to mass extermination devices. (This is a problem largely solved by the same system of voluntarism. See above and below.)
Imperialist Wars Would no Longer Threaten
The domineering and expansionist tendency and practice of States has been called imperialism. Some people's hunger for power is as insatiable as the hunger of others for material possessions. The mere existence of power centres attracts the power hungry individuals and makes the further concentration of power relatively easy. How could a. boxer become a world champion if he had not only to fight and defeat the other champions but, instead, every man in the world?
The existing powers of States allow them to conduct wars of conquest against weaker States. Afterwards, the subjected people, sooner or later, alone or in association with others, try to regain their independence in revolutions and liberation wars.
Merely for this reason are territorial States frequently at war with each other. (There are many other motives and we have to remove them one by one or at least consider them one by one.)
Once the people are everywhere separated merely into exterritorial and autonomous communities of volunteers, then they could no longer organise for and conduct aggressive wars nor would they have the least wish to do so. All of them would have all the self-rule they desire.
Moreover, they would have the chance for an unlimited expansion of their favourite system, in a completely peaceful way, by means of individuals freely leaving their old associations and joining those they believe to be more successful.
Naturally, seeing that all the participants are still only human beings, there would not be perfect peace and harmony as a result. For instance, some slander, intrigues, fraud, and loud arguments would remain, even some violence on an individual level, leading to some police and court actions. But even they would be reduced in number because there would be many less frustrations. More important is that the large-scale, enforced, organized and collectivist violence of national and imperialist wars would be avoided or rendered impracticable.
Only in the dreams of some of the power-hungry ones would it still continue. But even these would have more chances than they have now, to become top dogs or cocks on a dung hill, in one or the other volunteer community. While there they would do their jobs as well as is expected from them, they would find much more loyalty and obedience among their members than they could rightfully hope for now, anywhere else or among any other people. To that extent the "great leaders" would be liberated as well.
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Under these new conditions nobody would any longer be able to be a "man in power" in today's sense. (See e.g. under dictatorship and decision on war and peace.)
No exterritorial and autonomous communities of volunteers could arm against the others without this fact being very soon noticed and all such attempts being stopped. People who live next door to them, or even in the same house or flat, could hardly fail to notice their irrational preparations. They would be the potential victims of such preparations, seeing that they are members of other communities, and would regard and treat the perpetrators as the madmen they are.
If the preparations could reach the stage where taxation and conscription might threaten the members of such a community, its taxpayers and young men would secede in large numbers.
One should also keep in mind that motives for conquests would disappear in a situation where no nation could any longer lay any exclusive claim to any territory, a claim now generally recognized as authorising it to prevent others from using "its" territory. Whatever armed forces such a community would still have, would desert it in large numbers and rather ally themselves with those about to be attacked. They would not be prepared to sacrifice their lives for senseless purposes. National interests, reasonably defined, would not be harmed by their secession and desertion but, on the contrary, would rather be safeguarded.
In short, the system would offer full freedom for every anti-imperialist and no chances for the imperialist and would in this be very different from the present one.
Militarism Would also End
Militarism (excessive stress of the tasks and institutions of the armed forces, especially the application of their organisational forms and methods to other institutions of the State and the people, also: the excessive influence of the armed forces upon politics) would, as a result of the introduction of exterritorial and autonomous communities of volunteers, merely enrich the collection of outdated isms. Nobody would any longer pay taxes for the upkeep of a military machine or the present type. (See under voluntary taxation.) An absolute obedience can no longer be enforced among militia men who are only part-time soldiers, elect and can recall their officers and are sworn to uphold and fight for nothing but human rights and natural rights of rational beings. (See below.)
Moreover, there would no longer be any powerful external enemy regimes whose existence might serve to justify the continuance of large standing armies. Furthermore, anyone becoming dissatisfied with any government which in his opinion would be too militaristic, could easily withdraw his support from it by seceding from this community. All these old notions are merely the symptoms of the present type of territorial and coercive States and would disappear with this disease.
Instances of the Conventional Abuse of the Principle of Collective Responsibility
Would Become Less Frequent
The replacement of States by exterritorial and autonomous communities of volunteers (peacefully, by means of individual secessionism) would prevent the continued wrongful application of the principle of collective responsibility in many cases. Its wrong application has frequently led to wars or rendered them unnecessarily severe. For instance, the Second World War became a World War only by the Allies wrongly holding all Germans responsible for the crimes of the Hitler Regime, for instance by bombing the German civilian population, by not coming to any agreement with the opposition against Hitler, by not recognising a German government-in-exile and by treating all prisoners, although most of them had been conscripts, as enemies. (One of the most absurd instances was the internment of German refugees from the Nazis in England - instead of recruiting them for a war of liberation.)
History and the conduct of national wars is overloaded with such examples.
The U.S. are largely armed with nuclear "weapons" only because most Americans consider all "Russians" as communists. How otherwise could one conceive the idea and persist in it to arm with weapons of which a single one, if used, could possibly kill millions of subjugated Russians (and other subjugated nationals, over a hundred different ones in almost any area), among them ten-thousands of fanatical enemies of the Soviet-Regime and only a few thousand convinced communists? If the facts were otherwise, the Soviet dictators would not
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have to suppress liberty of speech, press, association and assembly in order to remain in power and the members of the Communist Party would not only constitute a small minority. National genocidal policies are here based on the unfounded beliefs of the most uninformed section of the population, the majority among the electorate.
To hold the many innocent sections of a nation equally or even preferentially responsible for the actions of a guilty government and its voluntary supporters, a disastrous vice quite commonly practised, would no longer be possible in the future:
Only then would the people have always only the government they deserve, wanted and voluntarily supported and no longer a government which was forced upon dissenting minorities or even upon a dissenting majority. Only then could the principle of collective responsibility be applied against the members of such a volunteer community with considerable justification and only then would one avoid the mistake of resorting to indiscriminate mass extermination devices in order to hit here and there someone who is living within a crowd of people who are not involved in his crimes but are rather the natural allies against him.
(Our "national security experts" act like a "police force" would that engaged bank robbers in street battles with tanks, artillery and heavy bombers, regardless of the thus resulting numerous losses of innocent non-combatants. Obviously, they have not or not properly defined who their enemy really is. - J.Z., 8.12.02.)
The principle of collectivist responsibility would be applicable - and then only with individualist means - exclusively in cases where the leadership of an exterritorial and autonomous community of volunteers would act criminally aggressive and would, nevertheless, not be immediately resisted, deposed and punished by the members, although the victims would call for such an action.
Let us suppose, that the majority of the voluntary members supported the criminal actions of their leaders and that the dissenting minorities seceded. Then, and only then, could the principle of collective responsibility be rightly applied against all members remaining with this association, provided they are adults and rational enough to be held responsible for their actions.
What kind of measures ought to be applied then will be discussed later. ABC weapons are, obviously, out.
As a rule the members of autonomous and exterritorial associations of volunteers would themselves arrest and prosecute or hand over for prosecution, any of their leaders who committed criminal acts. Should those leaders have become, in spite of the inherent safeguards of these associations, so powerful that they could not be legally prosecuted, and should outlawry and tyrannicide attempts fail, then the innocent members would secede from this community and ask the members of other communities to assist them against these criminals. Thus measures based upon collective responsibility would have a strong tendency to be applied only against guilty people.
Frequently the public and the present decision makers do not even "think" in terms of guilt and personal responsibility for one's actions but merely consider, as a consequence of the unlimited power of many States to dispose of their citizens, their lives, liberties and properties as they please, i.e., these citizens merely as property or adjuncts of their governments. Based upon this "idea", one then merely wants to harm or exert pressure upon the criminal government by "treating" or threatening the subjugated population in these States with mass extermination devices. Such opinions are rarely ever openly proclaimed and most people are not even fully aware of them. Nevertheless, they usually act in accordance with such ideas, e.g. when proposing an "economic" blockade, be it against the Soviet Union or Rhodesia, in order to exert some pressure upon a government. Morally this is no better than trying to pacify an aggressive neighbour by beating up his children - and in practice it is even less peace- promoting.
If one were to ask all those acting unconsciously in accordance with the idea of collective responsibility, whether they consider the subjects of a foreign government as its property or as equally guilty for its actions, they would deny such an absurdity. Nevertheless, in any new concrete case which they would "judge" subsequently, they will be inclined to impetuously consider the subjects of the foreign government as its property or as equally responsible followers - and they will make corresponding proposals, some of them even genocidal ones. An idea hammered into subjects for thousands of years, by warring governments, in the interests of these governments (Hitler explicitly ordered an inhuman treatment for Russian prisoners of war so that the Soviets would not treat German prisoners well and thus induce them to desert!) cannot be easily eradicated, no even by its worst consequence, the threat of nuclear war. It has come too close to being an "inborn" idea. At most we can hope to destroy its breeding grounds - by abolishing territorial rule.
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Territorial States with compulsory membership are the main breeding grounds for collective responsibility notions and mass murder actions or preparations and oppression & exploitation on a vast scale and as such they must be destroyed - if possible without spilling any blood and destroying any property. This is less utopian than it sounds as we will see below.
After the realisation of the right of individuals to secede and to establish or join exterritorial and autonomous communities of volunteers, the common errors in applying the principle of collective responsibility will be better than ever before exposed. Enlightenment on this subject will then be very much facilitated and abuses of this principle will gradually become as rare as (or rarer than) coercive sexual acts are now in truly civilised societies.
Those who have seceded from a dictatorship and allied themselves with the liberal-democratic States and panarchistic exterritorial and autonomous communities of volunteers, can no longer by any flight of fancy be considered as fully subjected to the disposal orders of dictators or fully responsible for the actions of a dictatorial regime. They are no longer "nationalize" "property" or slaves, quite obviously, even if they ever had been to some extent. Members of exterritorial and autonomous communities of volunteers would, as customers, rather own and rule their governments than be owned or ruled by them. Most of the old terms on social relations would no longer apply to them.
Nationalism. in its New Form, Would Cease to Disturb Peace
By artificial enclosures for nationalities and second-class treatment of members of other nations as foreigners and aliens (e.g., by emigration and immigration restrictions) does every territorial State promote chauvinistic feelings and contributes thus to wars. The more stress is put by a government on "national interest, security, honour, prestige and unity" the more it becomes actually a cover-up for a wide diversity of and even antagonism of interests, for dishonourable acts of rulers against the own subjects and foreigners and for an imposed order which has nothing to do with a chosen one. As a rule, the national sentiment for a large State or State Federation, is also drummed up to overpower or cover-up whatever diverse and genuine national sentiment still exists among numerous minorities. As Caroline Chisholm once said:
"Nothing but what is voluntary is deserving the name of national."
Nationalism, as practised today, also serves to divert the attention of many dissatisfied subjects from many unsolved problems which remain, which governments do not know how to solve, cannot solve or have caused in the first place, maintained and enlarged. This will often even induce rulers to involve "their nation" in another war.
Some major flaws of present nationalism are perhaps best summarised by the following quotations:
"Nationalism is a chronic state of Fashism."
"Nationalism is a form of blank cheque racism." - Both are sayings by T.F. in "St. John's Bread".
"Patriotism is often an arbitrary veneration of real estate above principles."
- George Jean Nathan: Testament of a Critic.
"The folly of forcing people together who would rather live apart."
- Ken Martin, "The New Conservative", October 1969.
"Throughout recorded history, men have been told that they have no right to live their own lives but must surrender their minds and bodies to emperors, kings, mythical deities, priests, witch doctors, tribes, communities and nation-states." - Stan Lehr and Louis Rossetto Jr., THE NEW YORK TIMES MAGAZINE, Jan. 10th., 1971.
"For what precise and definite object are all the citizens today to be stamped, like the coinage, with the same image?... On what basis would they be cast into the same mold? And who will possess the mold? A terrible question, which should give us pause. Who will possess the mold?... Is it not simpler to break this fatal mold and honestly proclaim freedom?" - Frederic Bastiat, quoted in G. Roche III's book on Bastiat, p. 249.
"We must stop talking about the American Dream and start listening to the dreams of Americans."
- G. R. Askew, quoted by L. J. Peter in "The Peter Plan", p. 189.
The right of individuals to secede would prevent the unfavourable and oppressive treatment of the genuine, i.e. voluntaristic, national groups and would dissolve the present coercive national conglomerates. At the same time, it would be no obstacle to continent-wide and even world-wide citizenship - on a voluntary basis. Every nation, tribe or national minority would then have the opportunity and the right to conduct
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its own affairs, undisturbed, by excluding itself from the mother-country or the father-land in form of an exterritorial and autonomous community of volunteers.
"The" Germans, for instance, would hardly have conducted a national war of liberation against Napoleon I - if he had given them this option. And without the nationalistic fervour bred by the Napoleonic wars - where would nationalism be now?
After this reform has been realized in the whole world, one would no longer have to be afraid of an aggression from abroad by a territorial and coercive State, with subsequent and undesired foreign rule and the inevitable further clashes this would lead to. The toleration of differences is obviously more peace promoting than the imposition of a single system.
Moreover, nationalism would lose one of its usually overlooked major supports: the hatred against foreign competitors, be they workers or businessmen. By removing the barriers for autonomous and exterritorial communities of volunteers and as a result of the subsequent complete freedom for tolerant experiments in the social and economic sphere, the long existing solutions of social problems like unemployment, housing-shortage and sales difficulties, could be practically demonstrated by minority groups and thus made generally known. Consequently, the hatred against foreign competitors would finally replaced by the insight that every additional and economically used labour and business would increase general wealth by a further division of labour.
Racial Strife Would Be Reduced
Racial hatred and the danger of war which accompanies it, would largely be abolished because members of different races would no longer be forced to use the same institutions and live under the same laws. No racial minority would have to be afraid of any racial majority - as long as it could secede. No racial majority would remain subjected to any racial minority. Members of different races might live in the same localities, same streets and houses even, but could, nevertheless, live legally and juridically, as well as socially, as far apart from each other and as differently as they like. The fear of foreign competitors, which so easily becomes transformed into hatred, would also cease. (Due to the above hinted at and below described economic liberty.) The existence of the right to secede would render in vain any endeavours of any race to achieve any pre-eminent position not based on abilities, knowledge and consent - and members of any race could obtain any position in accordance with their abilities and knowledge - at least among alike or sufficiently tolerant people.
No racial group could then complain any longer about being exploited by another. E.g., any racial community could utilise its own taxes or contributions exclusively for its own purposes.
With many people racial hatreds go so far that they would not even want to ride on the same public transport vehicles together with them or would not want to use the same hotels, theatres and schools. Very well, they may use their own - provided they finance them themselves. (Partly with their share in all public assets! See PEACE PLANS 19 C.) But railways and similar natural monopoly institutions will probably have to be "socialised" or rendered into "open cooperatives", as proposed by Theodor Hertzka (see below) and this would naturally preclude the exclusion of any race.
In the long run, racial hatreds will probably be overcome not by the "purists" organised along racial lines, but by the peaceful and harmonious example of those communities which draw no racial distinctions at all. They are likely to form the majority, at least after some interval, and are based on the fact that unmixed races do no longer exist, anyhow, and would, in the long run, lead to a further biological integration of the different types. The more the purists of whatever skin colour would stress their "racial purity" the more they would tend to exclude really intelligent and capable people, the more they would, consequently, degenerate, as a group! I also imagine that, especially after the sexual revolution, parents will have some difficulties in prescribing the race of sexual partners for their children. The less force is used in this sphere, the less racial prejudice is blocked, the faster will racism be finally overcome.
"Of course, there are no races left. Not even the Jews have kept their blood unmingled. Successful crossings have often promoted the energy and beauty of a nation. Race! It is a feeling, not a reality. National pride has no need for the delirium of race." - Mussolini, according to C. Bingham: Men & Affairs, 381. (Antisemitism under Mussolini was much less atrocious & mass murderous than under the Nazis in Germany.)
"Europe is a continent of energetic mongrels." - H. A. L. Fisher, quoted in the above.
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Trade Wars Would Cease
No government would any longer be able to restrict the free exchange of goods and services. In other words, trade wars would cease and no State could any longer, at the expense of the standard of living of its subjects, arrange for a degree of autarchy - in preparation for another war. For himself almost every individual discovers, sooner or later, the disadvantages of the "protectionist" policy (even the theoretical defenders of protectionist policies "to protect national industries", tend to smuggle, if they can get away with it) and thus, sooner or later everyone will secede from protectionist communities.
During the period of transition, those who have chosen protectionism for themselves, will find difficulties in upholding the tariff barriers which they have set for themselves, against the smuggling attempts of their own members. They are not authorised to interfere with the movements of goods and services of the Free Traders, who do not want to be "protected" by them. Neither can they demand that others subject themselves to such irrational policies merely to facilitate for them the levy of this special tax against (or other restrictions on) international trading.
Moreover, the protectionists will have to bear all the costs of restricting their own trading themselves. In Germany, at least for some years, the custom duties collected just sufficed to pay the salaries of the collectors. Thus it was not even a revenue raising but just a penal and wasteful measure reducing the standard of living.
The independence of the new communities from the present legislation on money, currency, credit and foreign exchange, would also allow them to use payment methods which will make protectionist measures superfluous, even in the eyes of the protectionists, by achieving an automatic balance of trade and payments, quite obviously. (See below.)
A Wide-Spread Understanding between People of Different Nations Would Become Possible
Today only governments may make binding promises towards other nations. (Although they "honour" these more by breaking than by keeping them.) Their treaties, pacts and agreements are not trusted, neither by the foreign governments nor the foreign peoples. This only does them justice for they deserve distrust.
History has shown, over and over again, that governments do not always keep their word. Experience showed that the rule is rather that they will break their word or written commitment, sooner or later, often merely to gain a small and temporary advantage or to make some concession to some prejudice. As they cannot be held responsible in cases of breach of contract, they do this frequently without any immediate risk for themselves. Admittedly, dictatorial governments break treaties etc. more often than other governments do: According to Dr. K. Adenauer the Soviet Union had broken, ofinternational treaties it had signed, more than a hundred.
But in many cases a government is in a dilemma which more or less forces its hands. If it were to keep a certain contract and thereby renounced a certain advantage, it would arouse the ire of many of the own nationalistic subjects. It would be accused of weakness, lack of energy and resolution, neglect of the national interest etc. Is there any government which is willing to risk such accusations very often?
Thus, if any government promised not to attack another government, if it declared rightful war aims in case of a defensive war, if it promised to treat all those who fled or deserted or were taken prisoner and who declared that they were only forced to fight against it, not as enemies but as neutral guests or allies, who could and would rely on such a promise of a government? Thus, such promises, made by governments, would often not be relied upon, i.e., they would not achieve their purpose as defensive and preventive measures.
In all truly important cases, promises of governments and treaties between them are almost valueless. For instance, almost all governments signed the international Briand-Kellog Pact on the outlawing of war, in the year 1928!
From the initiative and the treaties of governments among themselves, one could not have expected a better world federation than the League of Nations and the United Nations. They just showed most of the vices of present governments in exaggeration.
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Why would promises and treaties of exterritorial and autonomous communities of volunteers be different? Why would they deserve trust and find it?
In such treaties the will of the members, all volunteers, can be truly expressed. In other words, then the will of the people is expressed. The members, or the (self-selected) people themselves decide e.g. upon war and peace, armament and disarmament. (See below) A Reasonably enlightened people (all kinds of educational energies will then also be released!) has never any interest in becoming involved in an unjust war. It knows that its burdens would outweigh its possible advantages by far and that it would have to carry all the burdens and make all the sacrifices itself. (Those with "fighting spirit" could practise it e.g. on football fields, in boxing rings or in non-contact sports or by splattering each other with paint or by playing peaceful computerised war games.)
Nor would a volunteer community, people or nation as a whole break its word so easily, even if some of its members should have a change of mind.
Moreover, any citizen of another nation or exterritorial and autonomous community of volunteers could, in future, check the trustworthiness of the promises of members of other communities himself, by conversing with them to make sure that the promises they made, together with their other members, were genuine and not made under any coercion. To make such a check, a future voluntary citizen may not even have to cross a street but just might have to knock next door. Nay, members of the other communities might even be found within his own family. As Edward Gibbon reported, in chapter 38 of his famous work, reproduced in the appendix, it happened that up to 5 different personal law associations were represented in a single family.
Originally, the promises and treaties of these volunteers, people or citizens, will be made publicly, in town meetings and large meetings in the open air - to which many members of other communities will be invited as witnesses. A nation, people or citizens, thus free to witness and check treaties offered to it by other nations, people or volunteer citizens, cannot be deceived. They would all soon find out that their promises and treaties can be trusted and this would bring about a vast change in international relations. (Compare the section under "Trust" in Peace Plans 16-18.)
The Number of Motives for Wars Would Be Reduced
Although rulers had never sufficient reasons or cause for war, they were never short of motives for beginning one. (National unity for Abraham Lincoln meant, in practice, unity UNDER his rule.) After the introduction of exterritorial and autonomous communities of volunteers most of these motives will disappear, usually with the rulers of the old type.
Wars of conquest are no longer making any sense under these new conditions and thus one will no longer have to be afraid of and prepared against them. There would no longer be any property rights of a government or the leaders of one of the new communities towards the assets and lives of citizens in any section of this world's surface - unless such rights have been voluntarily and individually transferred, while this suits the voluntary members.
National minorities could no longer be oppressed, thus would not be motivated to look for aid from abroad or to begin a civil war.
The peaceful coexistence of members of different communities in the same territory would also lead to a much greater mutual understanding and finally to a gradual and voluntaristic integration and merger of different systems - without stopping the rise of new progressive varieties, trying to be pioneers in one or the other sphere. Perhaps most important in this age of ideologies: The forced realisation and imposition of a new system upon dissenters will no longer be necessary or somewhat justified, not even in the eyes of the adherents of this system. There is, after all, in human beings, at least the rational tendency to follow the lines of least resistance. Competition by foreign immigrants, which made a large contribution to the rise of nationalistic and exclusive sentiments (compare the attitude of modern unionists to "scabs"!), would no longer be feared as soon as some of the exterritorial and autonomous communities of volunteers put into operation effective employment programmes, which would inevitably happen due to the experimental freedom involved, even if such programmes would not already exist, just waiting for their chance: the removal of government-imposed obstructions.
Quite obviously, once the system is seen in operation, foreign markets would no longer have to be conquered or monopolised, in order to obtain sales - once international clearing will no longer be obstructed by governments - at least no longer for those communities which have learned to handle such clearing operations efficiently. Dictators would disappear and with them the motive to obtain foreign policy and military successes - just in order to keep them in the saddle, seeing the numerous failures of their internal "policies".
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(If those in power were able and willing to learn from history then they would no longer confidently engage in foreign adventures, either. The Soviet government, for instance, would then remember that the last Czar could not save himself in this way and the Russian-Japanese war of 1904-1905 and the involvement of Russia in the First World War did rather speed up than prevent the revolutions of 1905 and 1917.)
Separatistic regional efforts would then no longer lead to Secessionist or Civil Wars but merely to the establishment of some more exterritorial communities practising their own personal laws, wherever they used to live before.
The matter of national prestige would also be very different. The prestige of an exterritorial and autonomous community of volunteers would primarily consist in the successful conduct of its own social, economic and political experiments, in the successes of its constitutional and legal reforms (i.e., in the satisfactions of its customers or consumers), and not at all in the power to be able to successfully defend any particular area with arms or to be feared as a potential aggressor or as an oppressor of the own subjects.
(Territorial States would be turned into competitive private or cooperative corporations, nation- or world-wide, without any legalized privileges towards non-members, i.e., they would have to satisfy their members, investors, suppliers, customers and clients. No one would be compelled to be a member, to invest or work in them or to buy their products or services. Everyone would be free to boycott any of those he disliked. - J.Z., 8.12.02.)
Under voluntary taxation no government could hope to obtain more tax slaves by means of foreign conquests. On the contrary, such expensive expeditions would tend to lead to a tax strike of the own members or to massive secessions or disobedience ,at least to re-call attempts.
The Decisions on War and Peace Would Be Made by the Peoples themselves
"Every State in which the citizens themselves may not decide upon war and peace is a dictatorship."
Ulrich von Beckerath
At present no government permits its people to decide themselves about war and peace - although the people would here make, as a rule, better decisions than the governments. The German people were sick of war at least by 1917 and 1943. Nevertheless, their government forced them to carry on.
Even for democratic governments the following assertion has become something like a religious dogma which is no longer doubted at all :
"Only the government may make decisions on war and peace."
Thus even democratic governments do not conceive or understand the possibility of making peace and disarmament proposals - not to oppressive governments (which are the main obstacle for peace and the destruction of moss extermination devices) but, instead, to the oppressed peoples themselves, who are the natural, although due to their position necessarily silent, allies of all free people anywhere.
(As an oppressed people is to be considered any minority group that feels itself oppressed or disadvantaged, although it has not committed any crimes with victims. - J.Z., 8.12.02.)
This monopoly for making as important decisions does lead to war whenever the decisive men happen to belong to a warlike minority.
The corruptive influence of excessive power upon the character and the maxims of these decision makers worsens the situation. Rulers do not, like their subjects, risk their lives., liberty, health and property in a war. Thus they often all too easily decide upon one. For them it is a spectator blood sport. Moreover, they could not possibly bear the responsibility for a wrong decision, even if trials of war criminals became the rule and were always fair: Their single life cannot possibly balance the lives of millions of war victims.
(And is there any power more absolute and corrupting than the constitutional and legal or usurped power to make life and death decisions for millions of other human beings? - Nevertheless, this power is rarely even questioned, far less systematically resisted and abolished. - J.Z., 8.12.02.)
The development of mass extermination devices has turned the authority of governments, to decide upon war and peace, into the "right" of a handful of people to decide about the continuance of mankind. No government was ever intentionally authorised by its subjects with such powers. Even if such powers had been at one stage individually transferred, it would no more bind the subjects than a "contract" by which a man sold himself into slavery. Such contract, putting all advantages on one side and all disadvantages on the other, is by its very nature not obligatory for the disadvantaged and gives the advantaged no extra rights.
The governments have also repeatedly declared that they are unable to destroy all nuclear and other mass murder devices. (Their own powers being the greatest obstacle to such an endeavour!) This alone is already a sufficient justification for taking their present powers for decision making on war and peace, armament and disarmament, altogether away from them.
The whole burden of wars falls on citizens, i.e. those on whose fate the governments may make wrong decisions. Thus, already in 1795, Immanuel Kant demanded clearly in his famous essay: "Eternal Peace", the right for the people to decide upon war and peace for themselves and alone.
(Contrary to his and other people's republicanism and democracy, this cannot be realized "representatively" but only via direct democracy for every voluntary community and, especially, for its members who are armed, trained and organized to defend individual rights and nothing else. - J.Z., 8.12.02.)
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After the introduction of exterritorial and autonomous communities of volunteers, this old peace proposal could be easily realized: Whoever opposed a particular war could, if there were still no referendum or similar decision making process for such decisions permitted or if he disagreed with the majority, simply secede from the State or the community involved. If the majority of the citizens seceded, then the remaining minority could, as a rule, no longer conduct the intended war or may no longer want to. Naturally, as a rule, this extreme measure would not be required. It would suffice that it could be taken at any time in order to realize the right of the people to decide upon questions of war and peace themselves.
The leadership of an exterritorial and autonomous community of volunteers would be directly dependent upon the will of its members. Thus it could hardly determine upon its own the initiation of another war. I cannot imagine that there would be many such communities which would transfer such powers to their leaders.
If there were, those threatened by such arrangements, all other communities, would in my opinion be entitled to tyrannicide. Public opinion on such matters and under such circumstances would be so different from today that the outlawry and execution of such elected Caesars would take place soon.
We should also take into consideration that the new social system permits the armament of all peaceful people who love liberty and a consensual decision-making where it cannot be avoided. Armed peace and freedom lovers can hardly be herded into a war against their will, particularly if they are organized in volunteer militias of the type described below.
As a consequence of individual secessionism there would no longer any large-scale absolute obedience. Thus the soldiers of armies sent against each other, by leaders who tell them, in essence: "We have no better use for you! Go ahead and slaughter each other for our benefit!", could easily, and over the heads of their generals and their rulers, come to a mutually attractive separate peace agreement.
Militias Would Be Established to Guarantee World Peace
Standing armies of professional volunteers or of conscripted soldiers can too easily be turned into tools of militaristic and imperialistic rulers. Therefore they must be dissolved as soon as possible.
It can be safely predicted that after the realisation of the right of individuals to secede, local militias would soon be formed by volunteers to protect human rights and the rights of rational beings in their areas, also, to undertake any further forceful measures required to preserve world peace. For this purpose they would soon form federations, even across former national boundaries. Finally, and in a natural process, these militias are likely to replace all standing armies.
The weapons monopoly would no longer exist and with it would fall the prohibitions against private military organizations of a non-criminal type.
The right to secede from an army would soon bring an end to abuses in military establishments. (Abuses continue in the conscript army of "liberated" Russia, so that instances of suicides and desertion are rampant. - J.Z., 8.12.02.)
In the long run only a military organization could remain which is so rightfully and sensibly organised that it would always find sufficient volunteers, volunteers who are even prepared to pay for their own training and equipment in peace time.
An international federation of the local militias would be required to carry out larger military operations which, sometimes, might still be required, e.g. against intolerant new religious sects. (Compare e.g. the wars resulting from Mohammed's inspirations.) The mere existence of such an international military force would, in most cases, prevent large scale offences against human rights, like the genocide of European Jews by the Nazi regime, in the same way as the existence of a still rather imperfect militia or national guard in Switzerland and in the U.S. does there prevent any open conquests of State powers by coups, or any brash dictatorship. If a coup occurred in such a country, then within a few hours hundred-thousands of militia men would, militarily organized and armed, be on the move against the praetorian guards in the capital, to restore the constitutional order existing before. Knowledge of this prevents the coups and the beginnings of new imperialistic attempts.
(Fear of such a resistance has led in the U.S. to more and more nationalisation and State control of its "national guard", leading it far away from its original militia traditions and from an ideal militia for the protection of individual rights. - J.Z., 8.12.02.)
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World Federations Would Become Easy to Establish
Without a subdivision of the Earth's surface among several States wars cannot be conceived. To that extent the world federalists and world statists are right. But instead of abolishing the coercive, sovereign and exclusive powers of States, characterised by territorial rule, most of them just want to establish a territorial super power to lord it over the States. Without ever having found a sufficient justification for the numerous activities of national States, they now want to assign numerous activities exclusively to a World State or World Federation. Moreover, they strongly disagree on whether it is to be a World State or a World Federation and what kind of either it should be.
At the same time there is, indeed, sometimes, a need for one or the other world-wide agreement, be it on postal services, time zones, the provision of satellites, standards of measurements etc. But nobody has ever proven that only a government could provide such services. Nevertheless, the belief exists and is hard to defeat by mere theoretical arguments. Thus, to pacify all world statists and world federalists, the simplest solution would be to let them go ahead and organise themselves, to their hearts content, in as many and as many different World States and World Federations as they desire for themselves. There is room for all of them - if they are organised on an exterritorial and not on a territorial basis. Indeed, all exterritorial and autonomous associations of volunteers, established in the future, seeing they do not claim any country exclusively for themselves and do not limit their activities to any one country, as a rule, but tend to be rather cosmopolitan, signing like-minded members up anywhere, all of them could very well also be considered as world federations.
At the same time, by their very nature, not one of them would be any real threat to any dissenters anywhere. Should, after the establishment of individual sovereignty, through individual secession and voluntary associations, some people still see some need for any special world-wide organizations, no one would be able to hinder them or would want to prevent them from setting them up, as long as the membership of these new associations would remain voluntary.
In the transition stage, a special type of international federation would often occur. When governments of the old type would attempt to force their subjects to fight each other, they would often prefer to establish some kind of federation between them, one which would establish peace between them while allying them against their former governments. Moreover, they would invite as many people as possible to join their resistance organisation & actions against such aggressive governments.
Now let us presume that there would be such a thing like an ideal world federation, in the same way as many libertarians believe that there could be such a thing as an ideal limited government. There is no better way to achieve either aim, if it can be achieved at all, then to throw this aim open to free competition, to free experi-mentation with many forms and systems, all with the best possible selection of personnel, to achieve the best possible results: namely volunteers firmly believing in their particular ideals. If the aim could be achieved, one or the other of these freely and peacefully competing groups would sooner or later find the road towards it. In the meantime we should set our sights on more limited federations, e.g. federations between local militia units and, perhaps, federations of minority groups now almost subjugated by two or more States in whose present areas they live.
If, moreover, not only particular minorities thus united or federated, ignoring any of the present borders, but all minority groups that are presently disadvantaged, anywhere on Earth, were to set up some form of defensive alliance between them, as they would have the perfect right to do, then I consider it quite possible that merely by numbers they would constitute the largest group on Earth.
The programme which could unite them to the extent necessary for defensive common efforts could be expressed in two words: mutual tolerance. Perhaps such a world-wide organisation would be the best vehicle to spread the ideas of individual secessionism and personal law world-wide. Naturally, once such an organization had achieved its objective: the demolition of every dictatorial system on this planet, it might well dissolve itself or become automatically dissolved by the secession of its members. But some of its institutions might survive: an international defence organization, for instance, rather limited, because there would be few enemies left and not many new ones arising, and some kind of international arbitration system. Even these would not have to be organized along World State lines.
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International Law Would, Subsequently, Rest Securely upon Human Rights
Between States of the present type there is no one or no organization which could guarantee a condition of justice. Thus, between these States, as long as they exist, wars will continue again and again - unless they succeed in wiping all of us out.
They are warfare organizations against external and internal enemies and as such tend to perpetuate their warlike characteristics, each being rightly afraid of all the others. Consequently, whatever international law was so far developed and recognised, is largely only a law of warfare or at least of power struggles, even if sometimes only carried out by diplomats at the front. It is not based on the recognition of human rights, as a rule, but rather permits them to suppress or disregard human rights.
There are exceptions, but they are also honoured more by breach than by fulfilment.
The Hague Convention on the conduct of land warfare does as least make some attempts to protect the rights of combatants and non-combatants.
Only mutual respect of human rights, at least in the members of other exterritorial and autonomous institutions, in case one does not claim certain human rights for oneself, within one's community, will be able to keep the peace between the members of the different exterritorial communities. They are themselves based on what is perhaps the most important human right, that of individual sovereignty. Consequently, the international law developing to regulate their relations with each other, will largely be based on the recognition of human rights and the natural rights of rational beings. These will form the basic legal code for the international arbitration court systems they will set up and will form the guidelines for the international federation of local militias for the protection of human rights. Most of the volunteer communities, the militia forces and the court systems will insist upon that every member will be sworn in to uphold the human rights, expressed in a common declaration, at least in the persons of those communities which respect these rights internally and externally, even when those giving the oath have, for the time being and for their own lives and community renounced particular rights. For instance, communists would have to swear not to interfere with the private property rights of members of capitalistic communities whilst capitalists would have to swear not to interfere with the various collectivist property arrangements in communistic or socialistic communities. On that basis agreement between them appears possible.
It can be foreseen that the international militia will have to mobilise itself only very rarely to restore peace, precisely because the various groups will all be free to run their own affairs as they please. At least to that extent the exterritorial and autonomous communities of volunteers are designed for peaceful and tolerant coexistence. Between territorial warfare States it is hardly possible, at least not in the long run. (Even the democratic or republican ones among them, relatively peaceful, but not sufficiently peace-promoting or defensively and liberatingly strong towards dictatorships, can be turned, as happened all too often, into dictatorships, and thus can become a threat to peace for the world. - J.Z., 8.12.02.)
The Timely Declaration of Rightful War and Peace Aims Would either Prevent or Rapidly End Wars
States do only rarely declare clear war aims in case they are attacked or are themselves attacking. This omission leads then both sides to believe that they are really fighting for their national existence, their very survival, at least for their "national interest". The subject is not even thrown up for discussion. There is no distinct bone of contention, yet the dogfight goes on. Wars are thus unnecessarily prolonged and conducted with all the greater cruelty and destructiveness and bloodshed.
Compare how late any war aims at all were declared during the last two World Wars - and then how one-sided and imperfect even these declarations were - and how little reason the people on either side had to trust such promises.
What induces States to engage in as irrational and bloodthirsty conduct, comparable at best to drunken brawlers in a pub or on the footpath next to it? Kant had this to say on the subject, in "Eternal Peace":
"All actions relating to the rights of other people are wrong when the principle upon which they are based cannot stand publicity."
There are many good reasons for believing that most of the secret war aims (at least one must presume that they have such and that wars are not merely the results of drugged dreams the decision makers had) of today's States are wrongful, thus would not stand publicity and thus are kept secret.
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All too often do States merely act in accordance with the so-called "Right of the Strongest". In practice this merely means: We will take and keep whatever we can grab! (On the presumed "right" of the strongest see the still excellent refutation in J. J. Rousseau's Social Contract, chapter 3.)
Moreover, according to the prevailing opinion, it would infringe the "sovereignty" of a State if it obliged itself, by means of a declaration of rightful war aims, towards any foreign country. Most nationalists want to retain what they skilfully misnamed: "freedom of action".
No State of the present type can free itself sufficiently from all kinds of nationalistic, imperialistic, militaristic and collectivistic notions, myths and prejudices or the "principles" of what has been misnamed "practical" or "realistic" politics. (Realpolitik)
Exterritorial and autonomous communities of volunteers, on the other hand, have nothing to hide. Their maxims are rightful and can thus, to their own great advantage, be publicised in time in order to help them win in any political or military clashes.
On this Kant said, likewise in "Eternal Peace":
"All principles which require publicity in order to fulfil their purpose, do agree with both, right and politics."
A State of the present type can very well exist without recognising human rights, nay, even by their suppression. (Some would say, that they even exist merely due to the fact that they have repressed certain human rights successfully, rights like those discussed in this book. I do largely agree with them.) But for exterritorial and autonomous communities of volunteers the knowledge of and respect for human rights - and the natural rights of rational beings - are preconditions for their very existence. (This in spite of the fact that some of them might renounce some of these rights for their internal relations.) For their external relations and for their very birth they are absolutely dependent on the recognition of certain basic rights.
Consequently, the exterritorial and autonomous communities of volunteers will publicly and with sufficient publicity and repeatedly declare, years before it would come to any clashes with others, what their aims are in case it would come to war. Among other points they would declare the following:
a) No reparations, no conquests, no forced labour.
(However, liberation cost claims will be laid against the nationalised assets of a former despotism as well as against the private properties of its guilty leaders. - J.Z., 8.12.02.
b) We will not force anyone to embrace any particular social or economic or political system.
c) Aim of our defensive efforts will be to protect and restore the rule of human rights, at least for our interrela-tionships, especially the right of self-determination, even for minorities, a right which can best be realised by individual secession and the organization of exterritorial and autonomous volunteer organizations.
Prisoners of War and Deserters Would Become Allies
No government today is sufficiently and in advance concerned with the problem of prisoners of war and deserters and their proper treatment during a war, in accordance with international law, the requirements of morality and the enlightened self-interest. Instead, when it comes to war, emotions run high, myths prevail and are fostered, they treat even those soldiers of the enemy regime, who were conscripted or even deserted, as enemies. The treatment is usually of a kind that the enemy's soldiers, although not enamoured with their own government, often prefer to fight to the last, even for a cause known to be unjust, rather than surrender and being severely mistreated as prisoners of war. Particularly in our times, when most wars are fought on both sides with conscripts, wars are thereby prolonged and made much more severe.
What happens, in other words, is that governments, in thoughtless reaction to the opening of hostilities, and wrongly applying the principle of collective responsibility, consider all former enemy subjects as true believers, fully responsible for their government's crimes and thus to be dealt with punitively or at least with extreme prejudice, suspicion and security measures.
How, on the other hand, would exterritorial and autonomous communities of volunteers act in this situation? Fundamentally, when conducting a war against a government which has not yet recognised the right of individuals to secede, they would distinguish between the voluntary and the involuntary subjects of that government, especial-ly seeing that the introduction of the right to secede would be one of their primary rightful war aims, declared long in advance of any hostilities and brought to the attention of all foreign subjects.
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Consequently, they would also declare, long in advance, and finally act upon this declaration, that they would treat all those prisoners, refugees and deserters, who declare that they were forced to fight or work against them, not as enemies, as prisoners of war, as internees or conquered people, but, instead, either as neutral guests or even as allies, if they can agree upon mutually attractive conditions.
They would be fully aware that the persons concerned are largely people who were only hindered by their circumstances to become members of freedom-loving exterritorial and autonomous communities of volunteers of one or the other type.
Today, if at all, States usually call for deserters from the other side only in the middle of a war, when, due to cruelties and crimes on both sides, whatever mutual trust still remained, has been further minimised. Thus it is not surprising that, as a rule, only a small number respond to such appeals, especially when nothing better is offered to them than "good treatment" as prisoners of war and when the war aim appears to be rather "unconditional surrender" than any rightful war aim, like, e.g., liberation for everyone according to his ideals.
Exterritorial and autonomous communities of volunteers would act otherwise because they are based upon the recognition that subjects and rulers often have opposite interests, so that the subjects, when there is no legal or revolutionary way out for them, will attempt to escape their oppressors and exploiters by fleeing or deserting to the other side, the enemy of their regime. Thus these communities would declare, many years in advance, how they would act in such a situation. They would announce their readiness to accept neutrals and allies from the other side, as guests or as armed comrades. They would even offer them payment for the arms they would bring over with them. They would assure them jobs and accommodation and, if desired, immediate return to their home area as soon as it is liberated and would assure for them the introduction of the right to secede in their area of the world, for individuals, for minorities, for the majority.
Consequently, much of the fighting that would otherwise take place would be replaced by the publication of such appeals and the inevitable effects they would have upon the armed forces and other subjects of dictatorships. The few soldiers remaining loyal to the enemy regime would be demoralised by mass desertions of their comrades and would mostly surrender, giving their cause up as hopeless. If not, they could easily be overwhelmed, especially with the help of the new allies. Moreover, the exterritorial autonomy offer would also apply to them. They would become free to realize all their ideals for themselves. This would apply e.g. to the numerous dissenting communist and socialist groupings within the two major Red Empires.
Governments-in-Exile Could Be More Easily Established and Would Help to End Wars More Rapidly
After the realisation of exterritorial and autonomous communities of volunteers, at first in the democratic countries of the West, governments-in-exile could be rapidly formed in opposition to every existing dictatorship. Should it come to war with any of the dictatorships, then the patriotic soldiers and officers of the oppressive government will be willing to desert to or join and support their own rightful government, the government-in-exile on the other side, our ally, much more readily than they would join us. They would also, most likely, do it in much larger numbers than would happen otherwise, especially when they become convinced (and we can achieve that conviction! See below!) that this rightful government is not just a puppet regime we have set up - but that it represents whatever voluntary members it already has and is likely to gain in the country subjected to the dictatorship it opposes.
We must overcome the notion that we should oppose a dictatorship only with a single government-in-exile. Instead, all centrifugal and decentralist forces under the regime should be liberated and utilised, for their own and our independence. A single alternative regime would all too often not be an attractive enough proposition. Nume-rous minorities would not agree with it. At the same time, an All-Russia or All-China government-in-exile could also be set up to satisfy all of the conventional nationalists on the other side. (Naturally, their "united" empires would only be empires of volunteers. As such they can be tolerated by non-members. - J.Z., 8.12.02.)
No government on our side could raise any objections against such governments-in-exile, as soon as the right to secede is realized. It would also apply to these dissenting groups, formed by political exiles, refugees and peace time deserters. Moreover, these "foreign" governments or "States within States" would be as autonomous, on an exterritorial and voluntary basis, as all the other diverse communities.
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Towards our own governments of the present type, the soldiers and civilians on the other side entertain a justified distrust. All too often they plan not only to overthrow the existing dictatorial regime but to replace it by another one which might be almost or just as bad and certainly will not satisfy all minorities. "The devil you know... " The own government may also plan annexations, reparations and other impositions and would not even tell the own subjects about such plans. So why should foreigners trust it? Our organizations and aims must be so just and the facts must be so trustworthily communicated that the subjects on the other side would rather believe us and act in accordance with us than obey their own governments.
Such an objective would be hard to impossible to achieve for any conventional government - but it would almost be child's play for the new social organizations proposed. It would be their speciality. No government could beat them at their own special game.
Peace Treaties Would Be Facilitated
States are unsuitable organizations for concluding peace or preventing war. Almost all chapters in this section of this book confirm this point. One cannot rightly assert the same for exterritorial and autonomous communities of volunteers.
States have become giant bureaucratic machines involved in so many activities that they can hardly spare any time or interest for the establishment and preservation of a lasting peace. Instead, they send a few of their public servants to conferences with the officials of other States. Those functionaries have no direct interest in achieving a lasting peace treaty and no knowledge of how it could be brought about, other than as a mere formality. During all those negotiations, lasting sometimes for years, and in-between, they are on high salaries and expense accounts. Moreover, they stand in the centre of public attention, of a public kept in ignorance of foreign affairs (other than as power politics). Thus they have as a rule only a public servant's interest in the comfort and continuance of their posts. If they fulfilled their task (and provided public servants could fulfil such tasks - some-thing that is denied in this book, even if they had the best of will) then they would render themselves superfluous. Few in the public service are inclined towards such a self-sacrificing public service.
Paradoxically, precisely by these supposed servants of ours, who belong to the master class, losing their privileged position regarding negotiations and decisions on war and peace, armament and disarmament and international treaties and representations, by seeing to it that the people themselves, in one way or the other, but, anyhow, much more directly, take over these tasks and, moreover, by assuring that almost all individuals work on the task to establish world peace, largely by claiming their human rights and natural rights of rational beings, especially the right of individuals to secede, can the tasks of these diplomats and foreign ministers and prime ministers be solved at all! Those who can do the job are presently not allowed to do it. Those who cannot do the job have been given a monopoly for doing it!
Khrushchev is supposed to have said something similar in 1959:
"If the government representatives again cannot agree during the next peace conference, then the people themselves should take over their task."
Most likely, he had a world revolution of the communist type in mind when he said that and overlooked that the Russian and other people, suppressed by him, needed only a good revolutionary programme to apply this idea against himself.
Compare also the related remark Dwight D. Eisenhower made once, as President of the U.S. - which is quoted on page 3.
But generally politicians do not think along such lines. The rather accept the role of the arrogant practitioner: "There will always be wars!" (This is a self-fulfilling prophecy: So far, with all their "principles", actions, policies and programmes, moreover, by their very existence as power holders, they have made very sure that there will be wars.) They look down on the mere theoreticians of peace, although only due to their wrong and false theories and actions could a practice of peace not develop so far. In reality, they are not even very practical men in their power politics and in open warfare.
For instance, in their prejudices and ignorance rulers treat prisoners of war so badly that the enemies' soldiers often rather fight to the last than let themselves be taken prisoners. Peace promises of such cruel masters are, naturally, not believed, either.
It just does not come natural, to territorial governments (because they demand more or less absolute obedience from their own subjects), to attempt to overthrow the enemy
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regime or to defeat it rapidly - by inviting the subjects of this regime to disobey their rulers and rather ally themselves to a foreign government at war with their own, or with a rightful government in exile.
In short, governments, in many ways and unintentionally, prevent or delay peace. Exterritorial and autonomous communities of volunteers would act differently, simply because they would be based on respect for individual human rights and natural rights of rational beings.
Separate Peace Treaties Would Shorten Wars
States prohibit individual citizens, associations and, naturally, especially their armed forces and individual military units, to conclude any separate peace treaties. Moreover, they severely prosecute such endeavours as treason or high treason.
At the same time, the governments, as stated above, find it difficult to conclude peace or, if they have allies, at least an honourable separate peace for themselves. Mostly they succeed in achieving peace only when both sides are already that exhausted by their efforts that they could hardly continue with the war, anyhow.
Prohibitions of separate peace treaties would be justified only in a society which recognises all human rights and natural rights of rational beings and for any fights it might have with a dictatorial or totalitarian regime. Even then, one should endeavour to achieve separate treaties - not with the enemy regime but with its subjects.
Such a rightful society would, through recognition of the right of individuals to secede, be nothing more than an exterritorial and autonomous community of volunteers. To conclude a separate peace treaty directed against such a society would indeed be treason - against reason and human rights!
Separate peace treaties between the troops of a Hitler and a Stalin would be quite a different matter. To conclude such treaties would, according to moral principles, not only not be treasonous (except in the eyes of the two governments involved) but instead dutiful! Such signatories should not have worried about the complaints and accusations of their former oppressors and exploiters. Instead, they should have formed themselves into exterritorial and autonomous communities of volunteers, re-arranged themselves into militia units for the protection of human rights and the defence of their volunteer communities, and should have invited all other German and Russian soldiers to revolt likewise or to desert and to fraternise with them - in order to liberate themselves in the same way. From the point of view of human rights is was high treason that, as a rule, they did not act in this way.
We would still have another kind of case if a relatively free and democratic State, e.g. England or the United States, were at war with the Soviet Union and peace would not be rapidly achieved by the democratic West. (I am well aware how inaccurate this short-hand term is.) Then one could perceive and facilitate the performance of the duty of every military unit of the Soviets to use every opportunity for concluding separate peace treaties with the democratic countries. One could and should, for instance, draft and publicise sufficiently, standard contracts for such peace treaties. They would contain nothing but rightful war aims and guarantees for them. Then the members of the Soviet's military forces would have very good reasons for wanting to sign such separate peace treaties for themselves and would not feel like traitors towards anything that is good in their countries and in their countrymen's aspirations.
On the other hand, a military unit of a democratic country would act criminally, or commit high treason, if it were to betray its own side, which defends a however imperfect declaration of human rights and however incomplete freedom tradition, and were to conclude a separate peace with the Red Army or the Soviet Regime - on the terms provided by the Soviet Regime so far. No government that has some sense should have any objections if its armies or units concluded peace treaties with armies or units on the other side - provided only these are concluded on the foundation of human rights.
It would be interesting to see two opposing governments actively pursuing this policy, attempting to outdo each other with just peace offers towards the subjects on the other side. This is, admittedly, a very hypothetical case. To adopt such a common ,policy both sides would already have to be exterritorial and autonomous communities of
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volunteers - and, both sides having largely just and therefore overlapping war aims, they would soon come to a peace agreement, anyhow.
Exterritorial and autonomous communities of volunteers would certainly use every opportunity for concluding separate peace treaties, at least with the subjects of the opposing regimes. Moreover, they would appeal to their own troops and authorise them to sign such agreements on the spot, whenever possible. Naturally, these agree-ments would apply only to those signing them or approving the signature of some of their spokesmen by their actions. The exterritorial and autonomous communities of volunteers will point out to every soldier on the other side, with whom they can somehow communicate, that by means of desertion or secession he can practically realise a separate peace for himself.
Many different separate peace treaties combined, all with rather similar, because just contents, would finally lead to the end of a war because the enemy regime would be deserted by almost all its soldiers.
The Preparation and Conduct of Wrongful Wars Would Become More Difficult
"War is a condition not between man and man but between State and State." - J. J. Rousseau
Sovereign States are according to their very nature unable, in the long run, to coexist with each other peacefully and tolerantly. Exterritorial and autonomous communities of volunteers, on the other hand, are by their very nature designed for a tolerant coexistence. Not only that, they can only exist on the basis of human rights and the natural rights of rational beings. They are among the most important practical expressions of these rights.
Territorial States are indeed suitable for preparing unjust wars, to enlarge them, to prolong them, to make them more severe. But they are very bad institutions for concluding a just peace, rapidly, or to prevent wars. Exterritorial associations would possess none of these flaws.
States require a strong armament and many trained soldiers - because every State realises that the other States are capable and willing to make strong military preparations and that there is, under the existing conditions, no more they can do about this than ordinary citizens can do now.
For the proposed communities, on the other hand, a secret military preparation for attacks against others would be as impossible as an open one. Moreover, for them any extensive defensive preparations would no longer be required. Whatever military protection would still be required could and would most likely, be provided by the proposed militia organizations.
Not even States know the arms preparations of others States sufficiently. In all States all military preparations that take place are considered as State secrets. These secrets are seen by only the eyes of a few, guarded by many security measures and penal clauses, especially by subordination in the armed forces and by the laws on treason. States are inclined to use all opportunities for keeping such secrets. Speaking generally, the main opportunity for keeping secrets of this type consists in the power to seal off whole areas and enterprises from all but very selected people and by successful make-believe propaganda that secrecy for all armament preparations would be dutiful. Thus even the own citizens remain largely unaware of their government's military preparations - and approve of this.
Today's espionage cannot sufficiently annul this secrecy. Spies can only be carefully and at great danger and in small numbers infiltrated. Thus, as a rule, they cannot sufficiently or in time inform their own government of the war preparations of the other. Military expenditures in budgets can be hushed up in the published reports.
Even if a government were well informed on the preparations of another government - this would only serve to continue and perhaps speed up the arms race between them, and might all the faster lead to war.
Compare this situation with that which would prevail among exterritorial and autonomous communities of volunteers: Every member would be a spy towards all other such communities - with regard to any war preparations they might make. Espionage would then no longer be a despicable profession but rather an attractive and honourable one.
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Thus the majority of citizens would act as controllers to prevent war preparations of any minority group, much in the some way as they do or could keep crime of the ordinary type in check now. (Presently, the State's police and courts do not invite and facilitate this participatory fighting of ordinary crime sufficiently, perhaps simply because they are bureaucratic institutions.)
How and where could exterritorial and autonomous communities of volunteers arm secretly? There would no longer be guarded military areas. Armament, exercises and training of the militia would be quite public. Most adult and rational citizens would belong to these forces. They would also, as citizens, enjoy full freedom of speech, press, association and assembly. Thus hardly any preparations for a military aggression could be kept secret from them.
Taxes or contributions would only be paid for certain stated purposes and not for any secret armaments. Diversion of funds for military purposes, even if it could be kept secret, would make membership in such an association non-competitive with regard to the services it provides for its premiums (the stated and open ones). Thus it would lose many of its members fast. Moreover, the members are not motivated to keep such secrets (There is no situation which creates a self-perpetuating chauvinism.) and because of the right to secede they could not be held to secrecy clauses.
Today States can provide standing armies by means of conscription or taxation. These options would no longer exist. Today they build already in peace-time various institutions not for economic but for military reasons, like strategic railway lines, air ports and roads and the taxpayers have no option but to go along. They cannot direct their own funds according to their own priorities.
Secret diplomacy of States leads to acute war situations even before the public becomes aware what is happening and could do anything to prevent it. Thus President Wilson proposed in point I of his peace programme:
"Open covenants of peace, openly arrived at, after which there shall be no private international understandings of any kind, but diplomacy shall proceed always frankly and in the public view."
Whatever war aims there are, are usually so wrong that they are kept secret and every State consequently acts as if any other State might involve it in a total war.
(Those who doubt this should consult the contingency war plans and war games conducted at their military academies and by the highest military staff, if they were allowed access, beforehand.) This all-round preparedness leads frequently to acute arms races and these, with 99% certainty, lead to wars.
The penal clauses of today's military code (in combination with propaganda, taxation, conscription and the existence of other militaristic monstrosities) enable States to conduct wars even against the will of most of their soldiers and citizens. The individual has only the choice of going along with it or be penalised for disobedience, desertion or rebellion, with rather severe penalties which might even extend to members of his family. This is possible as long as the main requirement for a successful resistance is not fulfilled.
Immanuel Kant spoke of it in "Eternal Peace" as the transition from the distributed unity of the will of all (where all say to themselves: I do not want war but am alone and therefore unable to prevent it) to the collected unity of the united will of all (where all say: We do not want another war and will therefore immediately proceed against the war mongers, in such and such a way.).
In many instances this transition becomes possible only by numerous acts of individual and minority group secessions and by military insurrections.
By means of war propaganda and large-scale suppression of freedom of speech, press, information, association and assembly, especially among soldiers, States often succeed in convincing a large number of their subjects that a certain war would be necessary and justified. The right to secede and the protection of this and other rights by volunteer militias, would frustrate such efforts. Then, more than ever before, the old principle would apply that one can deceive some people all the time, a number of people for a length of time but not all people for any length of time.
The State policy of alliances, which includes even alliances for unjustified aggressive wars (under defensive pretences), has the tendency to widen local military
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conflicts, might even turn the into world wars. The situation between exterritorial and autonomous communities of volunteers would be different. For one, not masses of conscripted soldiers and taxpayers would be involved but only volunteers. The only war aim would be protection and preservation of human rights. Mostly this could be done fast, by local militias, wherever the offences occur. But in case a group mobilised and overpowered local militia forces, then, if necessary, the whole militia forces of the world could and would act against such an aggressor. Thus there might be many participants but only few armed clashes, because the small number of offenders against human rights could be rapidly and easily defeated in this way. This certainty would prevent the need for many such international "police actions".
States prolong wars by reserving to governments a monopoly for concluding peace treaties. Thus they can force their subjects to continue wars against their will. This becomes obvious e.g. in cases of decimation of troop units which mutinied and were disarmed. They may also prolong wars by propaganda inciting hatreds and giving orders like: "No Pardon!" which create or increase mutual hatred.
They also make armed conflicts more severe by various escalating measures of retaliation, all in wrongful application of the principle of collective responsibility and in disregard for human rights and the natural rights of rational beings - until both governments finally conduct a total war - not so much against each other but, instead - against their subjects.
As we will see below, the armed forces of exterritorial and autonomous communities of volunteers, in the few cases where it would still come to wars, would conduct a very different kind of war in a very different way.
World Peace Would also Be Promoted by an Extension of Freedom of Movement
The introduction of exterritorial and autonomous communities of volunteers would, among other things, lead to unlimited freedom of movement for all persons and their possessions and would thereby also contribute to preserve peace. No such community would possess a territory from which it could exclude immigrants, refugees and deserters (apart from the private property of its members). Today, all State constitutions authorise the territorial governments to arbitrarily restrict immigration, under the pretence that public interest would require this. As the States cannot cope with the problem of jobs and accommodations for immigrants (or, rather, because they brought about a situation, by a variety of economic interventions, where jobs and accommodation are short), they have made extensive use of these powers. Consequently (not only because of the barriers put up by the dictatorships against escapes), the subjects of dictatorships have few chances to flee to and settle in freer countries. Thus most of them stay where they are and form finally the vast army and forces of the enemy regime which, supposedly, can only be kept in check with nuclear destructive devices.
The War Promoting Weapons Monopoly Would Be Abolished
The weapons monopoly of the police and the army can no longer be upheld when one can withdraw from the corresponding laws by means of individual secession. Then, contrary to prejudice, not a war of all against all would result but, instead, internal as well as external peace would be strengthened. (Compare especially Section VI.) Today, peace and freedom loving honest citizens are usually not armed or not well enough armed, because they are not legally permitted to arm themselves, e.g. with hand guns. But at the same time, criminals, terrorists and totalitarian revolutionaries are armed. Consequently, communist and fascist dictatorships can be much easier established and embroil the world in more wars.
After the abolition of the weapons monopoly, neither a police state nor a military dictatorship could arise any longer. Police and army can easily suppress an unarmed population but not an armed one. (Especially not when it is organized, trained and motivated as an ideal militia would be of volunteers for the protection of individual rights. - J.Z., 9.12.02.) Police and army officers can be bribed or put under pressure and abused as tools to gain power (compare e.g. the coup of Napoleon III) but a whole armed and enlightened population could not be misled and ruled in this way.
Today nuclear weapons stores and nuclear weapons factories can be protected by a handful of policemen against ten-thousands of unarmed citizens while the citizens are given no protection against such "weapons", no chance to fight back and protect their rights and interests.
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It should be obvious that the repeal of the weapons monopoly here proposed is not an open invitation to all to use mass-extermination devices like nuclear weapons or chemical or biological weapons. On the contrary, no one should be authorised to apply such weapons or keep them in readiness or manufacture them.
In future, the rightfully armed and trained and organized citizens could and would see to it, if necessary after using rightful arms against the defenders of anti-people "weapons".
Arms whose effect can be limited to the combatants are rightful but weapons which are inevitably indiscriminate, are wrongful or anti-people weapons and do not even deserve the term "weapons".
The militia forces for the protection of individual rights would assure that all nuclear weapons as well as biological and chemical weapons are disarmed and all atomic bomb factories, and installations like nuclear reactors, which can be used for the manufacture of nuclear destructive devices, are destroyed and can no longer be constructed in the future.
Seeing that at least some governments have repeatedly declared that they would like to see all nuclear weapons destroyed but are for various reasons unable to carry this nuclear disarmament out, they should be the last ones to complain and to resist such a measure, when effectively undertaken by the people themselves.
(How much enlightenment has still to be spread in this sphere was demonstrated by reports that people danced joyfully in the streets of cities in Pakistan when its government finally acquired nuclear anti-people "weapons" as well. Apparently, they did not see themselves as targets but gleefully contemplated the destruction of "enemy" cities! Government schooling hasn't enlightened them in this respect, either, nor have their churches or sects. - There are still too many killer-apes among us! - J.Z., 9.12.02.)
A government, with the police and other armed professional or conscript forces on its side, can declare and carry on a war even against the majority of the citizens, i.e., today, of the unarmed subjects. But armed citizens, trained, organized and properly motivated, would not let themselves be deprived of their chance, of their duty, to make as important decisions for themselves.
Conscription Could no Longer Be Practised
The right of individuals to secede from an army or State, like from a church, would make it impossible to carry out the modern method of temporarily enslaving men which is called conscription. Conscription has been the backbone of most modern wars and probably would be, for the future. Only a territorial State has the power required to put compulsory recruitment, also misnamed "selective service" into effect. It is also one of the pillars of the power of the State.
(When looking back into history, e.g. at the times when the Royal Navy press-ganged most of its sailors, one finds that men who had been pressed themselves were often willing and efficient members of future press gangs. Power does also corrupt the powerless and those who believe themselves to be powerless.)
Even the "free and democratic States of the West" are usually not so free and democratic that they believe to be able to find enough volunteers for their armed forces, at least not during war time.
Conscripted soldiers are given no option but to guard ABC weapons against dissenters among the own citizens, who are not protected from the nuclear war danger - which the mere existence of such devices inevitably brings about.
In future, it would be much harder to find voluntary replacements for such conscripts. They could not be bribed into such jobs at the expense of the taxpayers, either. Most important of all, in the new situation few people would believe that these devices would be necessary for the preservation of peace. (See the appendix on the deterrence theory.)
Since everyone would, then, have the ultimate escape from a government which tries to pressurise him to act contrary to his will: since everyone would be free to secede, only those States or communities could still conduct wars which rule so well and stand for as just war aims that they could find sufficient volunteers.
Dictators Could Be Much More Easily Overthrown
Dictatorships are among the most common causes of war and it is today relatively easy to establish them and relatively hard to overthrow them - once they are established. Once a dictatorship exists and is armed with nuclear destructive devices, then, at least in the long run, and conditions remaining otherwise unchanged, nuclear war is inevitable. Thus at least such dictatorships must be abolished in time.
States may also be considered as dictatorships when only the government may make war and peace decisions and the citizens are altogether disenfranchised in this respect. Without any dictatorships, the States in which the citizens themselves decide about war and peace, armament and disarmament would probably not acquire any nuclear arms in the first place or destroy the ones they have.
Moreover, really free societies would make it easy to resist the beginnings of a dictatorship and hard to establish and maintain them. It would lastly come to the problem of one
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man attempting to impose his will on all others while the others are in no way dependent upon him and could secede from any organization he might set up. The many could then much easier organise to defend themselves against a few aggressive people and groups. Today's institutions facilitate criminal one-against-all games while hindering self-defends methods. Tomorrow's free institutions would facilitate just all-against-one defence efforts - while not obstructing any creative activities of individuals or individual self-defence efforts.
To establish a dictatorship is difficult only in an exterritorial and autonomous community of volunteers but not in any of today's "democratic" States in which the people are disarmed and already in many other ways likewise disarmed or dis-franchised. To overthrow, under today's conditions, any dictator, once he has himself established, might cost the lives and property of millions. Terror is effective against unarmed citizens, particularly when they do have no revolutionary programme and organization. In a segregated State territory, people can be kept captive almost as if in a cage and any kind of domination can be imposed upon them in such a situation. Hitler come to power largely using the existing democratic and already largely centralist and monopolistic institutions. Remember what it took to overthrow him once he was in charge of the State's machinery. He could not have risen to such dangerous and destructive powers as a mere leader of an exterritorial and autonomous community of volunteers, no matter how right-wing radical his internal programme would have been. Most of his early followers would have experienced him fully, close up, noticed the failures much earlier and they could not have gone scape-goat hunting, seeing that they would enjoy full autonomy. Most of them would soon have become disappointed and disillusioned with him. He would just have been another "ratbag" or raving madman, at best a deterrent example to more rational beings.
(Moreover, experimental freedom would have prevented or rapidly ended the Great Inflation as well as the Great Depression, both of which occurred under "democracy", not under the German emperors, and helped to recruit millions to support another "great leader". Each of these events did cost Germany economically as much as did WW I. - That WW I was caused by imperialistic territorialism and protectionism, under a semi-mad German Kaiser, also by a formerly peace-loving Czar, and a war-loving clique around the Austrian emperor, and escalated by "defensive" alliances, was conveniently forgotten by the followers of a new "great leader". - J.Z., 9.12.02.)
To usurp a State's power it is sufficient to win over the police and other armed forces and to change a few of the top positions in a State - while relying on the political, social and economical immaturity and ignorance of most people under the camouflage of some catch phrases. Today, all government posts, whose powers could be abused, are inevitably also accessible to those who would abuse them, who are attracted to them as moths are to light. As badly organized as defence is today, in most States, some generals need only bad intentions and become conscious of their powers and they could, with the help of the subordinated armed forces, conduct a successful coup. Not the institutions but merely public opinion, shared by these officers, prevents this from happening in some of the Western countries. But look at the numerous instances of other countries!
Modern States, by reserving most socially important activities to themselves, strengthen or multiply statism and thereby facilitate the task of anyone aspiring to dictatorship. He has no longer to defeat most citizens, jealous of their liberties and independence, but has, primarily only to replace those who presently possess already large powers in a State. Once he is elected or has usurped power without this camouflage, he becomes hard to get rid of again, at least for several years and is likely to be displaced only by other "leadership types" or despots. From an elected position to one of usurped despotism only a short distance need nowadays be crossed.
A right to resist a government, which has offended against human rights, is today recognized only by very few governments and even there largely only on paper. Hardly any government concedes its subjects the means to carry out a successful resistance, i.e. weapons and military organization.
The situation would be very different in future. With the programme: freedom for exterritorial and autonomous of volunteers, any dictatorship could be relatively easily and with a minimum of bloodshed overthrown. New dictatorships could then no longer be established easily. With this kind of aim, the various opposition groups, instead of engaging mainly in in-fighting, could then use their combined forces against the dictatorship. No group would any longer have to be afraid that it would, afterwards, be dominated by one of the other competing groups. All of them could become exterritorially autonomous - to the extent that they would desire this.
The armies of the dictatorship would desert and perhaps likewise establish, at least temporarily, exterritorial and autonomous communities of volunteers - or their members would join, the existing ones. Why should they fight? A conquest of their native country would no longer threaten - because of the prevailing exterritorial and personal law
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associations. Between them, they could realize any of their ideals without having to fight down any enemy first - except their own dictatorial government. Consequently, the dictatorship will in vain appeal to nationalistic sentiments.
On the contrary, the revolutionaries and external enemies of a dictatorship could successfully appeal to such sentiments, especially by appealing to the suppressed national minorities and offering them full autonomy.
The weapons monopoly, one of the mainstays of dictatorships, will also be undermined. Firstly, by the example of free societies made up of armed citizens, then by the appeal of the free societies to the conscripts of dictatorships, to join the free societies, while staying under arms and adopting whatever personal laws they like, further by the revolutionary programmes, especially programmes for military insurrections, spread by the free societies, then by suppressed civilians arming themselves and inviting the soldiers to join them against the oppressive regime.
The internationally federated local militias in all countries would be the natural enemies of all dictatorships and together they would form the greatest military defensive power - and liberating power - this world has ever seen. Dictators are characterised by their suppression of human rights and the militias would be the ultimate defenders of human rights. These militias would be formed soon after the introduction of the right of individuals to secede and once established could easily defeat all present and future dictatorships or even prevent their establishment, if they organise and proceed as described in Sections V and VI of this book.
Disobedience towards the Orders of War Criminals Would Be Promoted
Today's social order is based on the principle of subordination. Among its disadvantages are: The obedient soldier does not desert, not even from the army of a Hitler or a Stalin. The obedient citizen follows the instructions even of a dictator, works for him and pays him taxes and accepts his inflated paper money. Today the subordination of the prospective victims to the holders of atomic weapons means, in the long run, with almost 100% certainty, the end of mankind.
Since territorial States are built upon subordination it is quite foreign to their nature, seeing they expect absolute obedience from the own subjects, to attempt to defeat a foreign government mainly by appealing to its citizens and soldiers to disobey it and to undertake all the measures required to achieve this disobedience. In a framework of exterritorial and autonomous communities of volunteers, on the other hand, a dictatorship could exist at most only for a few days - because it would not be elected and if it were, it would be recallable and, most importantly, every dissenter could easily withdraw from it by individual secession and would also have the physical means to resist it in protection of his rights- and almost all the world would be his ally in this. Such free communities would, quite in accordance with their nature, appeal to conscripts of dictatorships to join the rightful governments or communities of their own individual choice rather than fighting for an imposed regime.
General Strikes Would Become Obviously Superfluous to Achieve Peace
The aim of general strikes, which they generally do not achieve, against dictatorships and warmongering governments, can easily be achieved by means of the right of individuals to secede. Formally one is no longer subjected to the constitution, laws, rules, administration etc. of the dictatorial regime, thus it would be senseless to strike against it. One condemns the regime to powerlessness by ceasing to be its subject. One increases the number of its enemies by joining their exterritorial and autonomous communities or by establishing new and independent ones as alternatives to the dictatorship. To the extent that such resistance is also non-violent, production and exchange are not interfered with at all, i.e., the economic support of the revolutionaries and the general population is not endangered and no new enemies are made to the revolutionary cause. This measure harms exclusively the dictatorship and not, like the general strike, the fellow citizens.
Against the supporters of a general strike, soldiers can almost always be found who are prepared to shoot at these striking men. If, instead of striking the resistance consisted out of tolerant secessions, the soldiers would rather join the secessionists than shoot at them. Through certain measures, described below, one could almost make certain
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that they would fraternise with the self-liberating resistance groups.
Most advocates of the General Strikes have also managed to overlook that a truly general strike would include both: a strike of the government's soldiers and a strike of the taxpayers. Either of these could already achieve what is aimed at with a general strike. Combine these two measures with individual secessionism, the arming and military organization of citizens in volunteer militias for the protection of human rights and with a better and freer organization of production and exchange than is the case now, then all the rightful objectives of general strikes can be easily achieved while avoiding the wrongful and senseless aspects.
General strikes could and should be replaced by much more effective citizen strikes.
Wrongful Wars Could No Longer Be Financed Against the Will of the People
Only a territorial State can acquire the means to conduct a wrongful war against the will of the people - by means of taxation, forced loans and the issue of forced currency.
Only a territorial State can uphold a money monopoly and thereby enforce armament by allocating its monopolistic means of payment predominantly to armament factories and refusing them largely to the consumer goods industry.
As subject to a territorial State one cannot carry out an effective tax strike or resist a forced loan or the forced currency or direct requisitioning of the government. Neither can one easily resist, as long as one remains a subject, moreover, an unarmed and unorganised one, the imposition of maximum prices and delivery quotas. The acceptance of inferior State paper money (inferior because of the "financing" of war expenditures with the note printing press, i.e. the issue of legal tender money) cannot be simply refused when such actions are penalised with death, as happened during the Red Terror of the French Revolution. (Most of the guillotine executions during this period took place as a result of people, in one way or the other, decrying the inferior paper money, the Assignats, and asking for honest currency or market prices instead. This made them automatically, in the eyes of the revolutionary regime, "enemies of the republic".)
This refusal to accept a regime's paper money at all or at par with its nominal value, cannot be easily carried out when there are neither private alternative means of payment available, which one could prefer to those of the government, nor alternative standards of value in use. Obviously, then one cannot sue before any government court against the imposition of governmental means of payment and its paper standard for the payment of any debt.
In the proposed exterritorial and autonomous communities of volunteers tax payment would also be voluntary, i.e. it would take place exclusively for desired services, supplied competitively at free market prices. This would, obviously, make the financing of anti-people weapons and of a war, against the will of the people, impossible. Who would voluntarily remain in an exterritorial and autonomous community of volunteers which would take up forced loans or would give its tax foundation money a monopoly position and legal tender in order to gain the means to finance a war?
Tax Strikes against Governments Preparing an Unjust War Would Become Feasible
Although the leadership of exterritorial and autonomous communities of volunteers might, formally, levy taxes or compulsory contributions from all its members, these would not be coercive taxes in today's meaning. As the membership is voluntary these taxes would also be voluntary. People would not join, in sufficient numbers, those associations which would levy contributions for foreign adventures. They would leave communities attempting to raise war funds by taxes or begin effective tax strikes. Governments of the present type, on the other hand, can always suppress tax strikes which are not accompanied by successful insurrectionist attempts - as experience has shown many times.
The Sovereignty of Governments, to the Extent that It Can Lead to Wars, Would Be Abolished
A completely unrestrained sovereignty is the ideal of every territorial government. This does not only, mostly, prevent the international organizations and understandings required to eliminate war but does also actively promote many conflicts and even wars.
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Recognition of the principle of sovereignty leads inevitably to a policy of non-intervention with the so-called "internal affairs" or "territorial integrity" of another State. Consequently, dictatorships can develop in many States undisturbed until they are finally powerful enough to attack neighbouring countries. Compare the development of the Nazi regime. Non-recognition of any judge or arbitrator above oneself belongs also to this concept of territorial, collective and centralist sovereignty. Without such a mediator between territorial States, one with enforcement means for his just decisions, it will often be impossible to settle conflicts between such States in a peaceful way.
According to the ruling theory the decision making power over war and peace is just part of the sovereign authority of a government. We have already mentioned that this power is war promoting. The same applies for instance to the power to make laws on money and finance, laws outlawing e.g. freedom of note issue and free choice of value standards.
How could or would these advantages be avoided by the proposed communities? They would not possess sovereignty in the present sense, which is largely a territorial sovereignty of governments as opposed to a sovereignty among a more or less uniform people, constituted in a voluntary protective community that is exterritorially autonomous.
Due to voluntary membership, sovereignty in these new communities would remain with the people. All their institutions would be truly representative. Unity would not only be presumed to exist or imposed but would be real. These communities would be based on individual human rights.
Their leaders would be recallable, formally, or in practice - the latter due to the voluntary membership. They would have only voluntary followers thus could not secure any large privileges for themselves.
Sovereignty of the old type would be excluded by clauses in the constitutions of these communities which are similar to the Article 27 of the French Constitution of 1793:
"Every individual that usurps sovereignty shall immediately be put to death by the free men."
Sovereignty in the present meaning permits the legalized but essentially arbitrary restriction of human rights. It institutionalises a situation in which and that no one can be held responsible for official wrongful actions.
The rightful militia, which would, inevitably, be formed under individual secessionism, in order to protect individual human rights and natural rights of rational beings, would no longer tolerate any sovereign ruler, not even a sovereign parliament - whenever either attempted to impose their will upon members of other communities.
The autonomy of exterritorial and autonomous communities of volunteers would be limited by the human rights and natural rights of rational beings claimed by the own members or by members of other communities.
Summary of Section 1/3
"Nuclear weapons have created a situation that is unprecedented in world history:
Less than a dozen people can now decide whether mankind may continue to exist - or not."
- Ulrich von Beckerath
The danger of war arises out of the mere existence of States of the present type (territorial States) and cannot be abolished by them. The conduct of wrongful wars is possible only through the concentration of power in the hands of governments and parliaments. Originally at least some States may have been established with the intention to protect with them the lives and the property of their citizens. By now they are certainly no longer able to protect the lives and property of their subjects. On the contrary: Even the democratic territorial States constitute, unintentionally, a great danger for the own citizens and the subjects of all other States - if they provided themselves with nuclear weapons (or similar devices) or permit allies to keep them in readiness.
Any area in which nuclear weapons are stored or in which nuclear power plants exist, will attract the enemy government's nuclear destructive devices. As deterrents the own nuclear devices are insufficient and for defence they are unsuitable and their victims are not served by retaliatory strikes with them.
Every government which keeps nuclear or other mass extermination devices in readiness threatens thereby - and also through the risk of an unintentional initiation of a nuclear war - the own subjects (not only foreign ones) with complete annihilation.
(To that extent the protection contract between citizens and governments has been broken by governments and is therefore no longer binding upon the citizens. They owe no longer obedience to a government that threatens their very survival merely by its existence & its military policies. - J.Z., 9.12.02.)
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Governments which neither possess nuclear weapons nor were targeted themselves are also unable to protect their subjects from the indirect effects of a general and large scale exchange of nuclear (and similar) devices for mass murder and mass destruction. Radioactive pollution would only assure them a later and slower death.
Consequently, all governments have by now broken the most important precondition for the validity of the citizen-government contract: Safeguarding the citizens and their liberties, lives and property, in return for the subordination and tax payments of the citizens. They have become altogether unable to keep this contract, much more obviously and seriously than ever before. By this breach, failure, omission or incapacity, they have dissolved, one-sidedly, the relationship between rulers and ruled, governments and subjects. Neither are the governments any longer bound, as a consequence, to attempt to supply these or any other services, nor are the former citizens. The relationship between them has been annulled by the governments - regardless whether and to what extent the participants have realized this so far. A state of nature exists between them, again, actually, and morally - not yet according to the prevailing beliefs. But this will follow.
Those who were so far rulers and representatives have thus become reduced in their position to ordinary citizens and possess only their rights and responsibilities. As they largely merely shared the prejudices and ignorance of their subjects and voters in this respect, they can hardly be singled out and held responsible for having brought us into the present dangerous situation. At most they were only the high priests of the predominant faith on social, political, economic and military affairs.
The most important right and the supreme duty of every rational being in the present situation is to cooperate in the establishment of a lasting world peace and therefore in the realisation of a just society - largely by the removal of all artificial barriers and obstacles against it. This follows from the fact that no place in this world is any longer safe from nuclear rockets, the fact that no safe retreat remains for any peace loving citizen.
In this situation only the possibility to establish and live in exterritorial and autonomous communities of volunteers offers a way out. They cannot seriously endanger the lives of their members and far less the existence of mankind. On the contrary: they would be our only guaranties for survival.
This case has been stated in more details in my handbook: An ABC Against Nuclear War, in PEACE PLANS 16-18. (Later in PEACE PLANS No 16 & 17, which is for the time being also available digitised, through e-mail in RTF, upon request, at no charge. - J.Z., 9.12.02.)
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• "If some peoples pretend that history of geography gives them the right to subjugate other races, nations, or peoples, there can be no peace." - Ludwig von Mises, Omnipotent Government, p. 15.
• The readings of history and anthropology in general give us no reason to believe that societies have built-in self-preservative systems. And therefore we can't say that man will be sensible enough not to destroy himself. He never has been sensible enough not to destroy himself, but he lived in small groups so that when he destroyed himself he didn't destroy everybody. So the necessity for new inventions, for the conduct of the world cannot possibly be over-emphasised."
- Margaret Mead, Conversations with Henry Brandon, NEW REPUBLIC, June 23, 1959.
• "Man has not succeeded in developing political and economic forms of organisation which would guarantee the peaceful co-existence of the nations of the world."
Albert Einstein, A Message to Intellectuals, 1948.
"... we will not operate on the basis that half the population, or three quarters of it, is expendable. Leaders with such notions are criminally irresponsible."
"We have made a covenant with death, and with hell are we in agreement." - Bible, Isaiah.
"For honourable members opposite the deterrent is a phallic symbol. It convinces them that they are men."
S. Silverman, 1895-1968. ( A. Andrews, Quotations, p. 400.)
"Ours is a world of nuclear giants and ethical infants." - General Omar Bradley
"Better active than radioactive." - Demonstration banner shown in Sydney Morning Herald, 6/8/1977.
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RIGHT AND DUTY TO RESIST
"Bring the tyrant down, that man-eating monster,
Overthrow him, however you can! No god will blame you."
- Theognis Collection, 1181/2
Every rational being has the right and duty to resist all attacks on human rights, to help in the realisation and preservation of these rights and to render tyrants harmless.
This right can be deduced from all other human rights and from the general idea of rights which associates rights with the authority to enforce them.
The right to life and physical inviolability as well as any military or other obligation to obey, find here their limits. Everything done within the framework of this right and duty is not to be considered as breach of an oath, or as treason, espionage, sabotage or desertion.
As tyrant is to be considered any person in power who does not recognize human rights and gives orders or prepares measures whose execution would offend against these rights on any large scale.
Would this right help to introduce and preserve peace?
Wars result largely from the power hunger of dictators like Hitler. A tyrant continuously infringes the rights to life and property of his subjects. He has still less regard for the rights of the citizens of other States or communities. As soon as he sees an opportunity he tends to engage in wars of conquest. Thus the execution of a tyrant by tyrannicide can prevent or end wars.
Even the suppression of some human rights can already lead to war. For instance: Napoleon I suppressed freedom of speech and press. Thus even he remained unaware of the war-weariness of his soldiers and citizens, unaware that of his 600,000 soldiers already 60,000 had deserted and many more were inclined to do so. Thus he risked the continuation of the war in ignorance of his own weakness.
The still stricter suppression of freedom of speech, press, association and assembly by the Nazi regime, did bring about a situation where many of the German people got wrong notions on the conditions in other countries and even in the own country. Thus all too many became or remained followers of the Nazis or at least tolerated them. For instance, it remained unknown to most Germans that the number of unemployed fell faster in many other countries than in Germany, without the introduction of forced labour and conscription. Facts like the mass murder of Jewish people, even Jewish children, by the thousands and later millions, and of political opponents or suspects by the hundred-thousands, became known to many only at a stage where they themselves were already too terrorised to feel like doing something about it. Moreover, they were disarmed and disorganized.
Even the inmates of the Warsaw ghetto were not fully convinced of what was happening - until already 9/10th of them had been transported to the extermination camps and murdered. Only then did they rise in desperation and at least died resisting this genocide. Very few managed to escape. Even today it remains unknown to most Germans, as a result of Hitler's propaganda, that the great economic crisis, which began in 1929, was overcome faster in other countries than in Germany.
Moreover, the people outside of Germany, due to the suppression of basic rights in Germany, did also receive false impressions on Germany and Nazism. Consequently, they and their rulers considered all Germans, including members of the German opposition, as Nazis. They did this e.g., by interning, imprisoning or bombing them.
What they achieved by such measures could have been foreseen: A stronger resistance against themselves and consequently a prolongation of the war and an increase of the losses on the own side.
The suppression of the right to supply oneself with work without taking it from anybody - by issuing, alone or in association with others, money tokens, in denominations like money, typified and standardised but without legal tender, certificates that are valuable because they are accepted like cash in the sale of one's goods or services - does finally lead to the growth of an army of millions of desperate unemployed which is ready to believe almost any promises of future dictators and war mongers. Compare the rise of the Hitler regime. The insurrection and war in Algeria began only when already 800,000 native Algerians were unemployed. Family members included, about every third Algerian was involved. (Official French policy was not to give any of them a job until the last French unemployed had obtained one. So they rebelled and atrocities were committed by both sides. - J.Z., 9.12.02.)
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By means of the trustee acts governments expropriate the accumulated funds of insurance companies and pension funds and thereby infringe the right of all citizens to make provisions for old age, invalidity, sickness and accidents. Moreover, they gain thereby huge funds which they can abuse for military purposes. (In Germany, before World War II, the Nazi regime thus confiscated from a single body alone, the insurance company for clerical workers, no less than 20,000 million gold marks. Much of these funds was invested in German re-armament and thus helped to bring about World War II. Nevertheless, the same kind of trustee acts persist even today in all countries. (As long as statists are not given an individual choice they will almost never learn from experience.)
The consequences of the suppression of the right of individuals to secede - were described above.
The especially severe restriction of the rights of members of the armed forces, e.g. the absolute obedience required of them by most military codes, does also make it possible for dictators (or men with powers over war and peace decisions in "democratic" countries) to conduct a wrongful aggressive war against the will of most soldiers and citizens.
One can already see from these few examples that one can hardly do more to introduce world peace than by protecting human rights everywhere - even by opposing the main offenders in an organized and military way, before they are powerful enough to engage in large-scale military actions. Since, initially, these offenders against human rights represent only minority groups, such resistance and protective measures could hardly ever widen into large military operations or just defensive wars. More or less they would only be just police actions.
(It should not be forgotten that some of these aggressive minorities are frustrated and desperate due to denial of autonomy for them! Given the chances of exterritorial autonomy most of these rebellions, aggressions and terrorist actions would cease!)
RIGHT TO BEAR ARMS
Every rational being has the right to bear arms for the exercise of the right of the right to resist, arms which are not already by their very nature offensive to human rights. He may use them, if necessary, for the protection of human rights.
Perhaps it was sometimes necessary, at a barbaric stage of human development, to disarm the majority of citizens and to entrust weapons only to especially trained and selected citizens, who were given the task to protect the rights of all. (This may have been the original good intention in many cases.) But at least during the last decades experience has shown that the majority of citizens is already so peaceful, or in this respect mature, that merely the possession of arms would not, in most cases, induce them to commit acts of violence, even if their ancestors had this inclination - which is doubted by many. The Swiss people are, I believe, basically no different and better citizens than the citizens in other civilised countries - and yet they have all access to arms and cases of weapons abuse are rare.
At least one can rightly say that all those citizens, who are prepared to proclaim their belief in individual rights and swear to uphold them and if necessary to risk their lives for them, could be armed with rightful weapons without this armament involving any additional risk.
Today's weapons monopoly of the police and military forces is not respected by ordinary criminals and political terrorists - and the disarmed citizens are frequently exposed to both types of criminals without effective protection. These criminals, ignoring restrictive and penal laws, acquire illegal weapons in many ways, often even by stealing them from the armed forces of the State. To disarm these elements and to pursue, towards them, still some kind of weapons monopoly, would be one of the tasks of an ideal militia force.
Can a non-violent resistance be successful, can one resist effectively without weapons? More or less we have, in cases of the so-called "non-violent resistance", only instances of a resistance which does not resist: Not actions but demonstrations and other protests, surrender to prosecution rather than resistance, marches, mass meetings, chanting and passive submissions to force. The presumably non-aggressive general strike can only be realized by force and even then only for a short time and is equal to a stage of siege against all citizens. Gandhi's method - disobedience towards bureaucratic instructions - can have some successes - but only towards relatively humane governments like the English, but cannot be successfully applied e.g., against Nazis and Soviets ( except perhaps to
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a limited extent and under very special circumstances, unless the people involved, usually a minority, are prepared to let themselves become exterminated. All too many Jews had, in my opinion, accepted this kind of non-resisting resistance and it did lead towards their mass-murder.
All too often such non-violent actions have no practical value. Moreover, those who do not fight back with forceful means, receive respect only among a few and least of all possibly among the soldiers of their prosecutors, who otherwise might sympathise with them and even ally themselves.
Regardless of the rights and wrongs of the establishment of the State of Israel - just compare how much more its fighting citizens are respected as human beings than those who passively submitted even to their own extermination. You might consider this attitude as barbaric or as a mere sportsman's attitude towards a fighting opposition. I believe it has more to do with a rightful self-respect and with the duties one has as a rational being towards one-self and towards others. Most people respect freedom fighters more than people who let themselves be crucified etc.
Coming back to the case of India: Where are the long-term successes of non-violence there? Its main exponent was assassinated. Another violent State resulted which often treated its subjects worse than the colonial English governors did. Large-scale civil and foreign wars occurred and a senseless division of the whole country along territorial lines. How much more could have been achieved against English rule if only freedom of speech, press, assembly and association had been used to the fullest extent? To use any kind of resistance, forceful or non-violent, where the above means are available and where public opinion is or can easily become a real power, is both wrong and self-defeating.
How would the repeal of the weapons monopoly (with the above-mentioned qualifications) help to preserve or establish peace? By now it should be known that armies and police have all too often abused their weapons to bring about a wrongful war and to prolong it. They could not have done this against the will of the population - if the people had been armed and organized and had sworn to defend their human rights.
THE RIGHT TO ORGANIZE AND TRAIN MILITARILY
Every rational being has the right to organise himself together with others for an effective armed resistance and to train regularly with rightful arms for such resistance actions.
Without military organization the orderly conduct of military operations would often be impossible. Without regular training in arms, militia soldiers would be inferior to the professionals and conscripts of a dictatorship, at least in the beginning of an armed conflict.
From all the other rights it follows that such armed organizations must be based on voluntary membership and also on the right to leave, that the members must be sworn in on human rights and natural rights of rational beings, that they must neither use nor possess inherently wrongful weapons (mass extermination and similarly indiscriminate destructive devices), that they must be free to elect and recall their officers, that obedience towards these officers would find its limits in the basic rights and that these soldiers even as soldiers should not renounce freedom of speech, press, assembly and association.
Conscription for such a force would be superfluous and self-defeating. Only rational beings are authorised and obliged to resist and rational beings would voluntarily join a militia of the type here hinted at. As irrational beings do not possess the right to engage in armed and organized resistance acts (their rights have to be protected by rational beings), they may not be rightly conscripted. For a militia force of the type described in this book, they would rather be a burden than an asset. (Apart from this, the right of individuals to secede would, naturally, annul efforts to introduce conscription.)
FREEDOM OF MIGRATION AND MOVEMENT
Every rational being has the right to move and migrate freely, regardless of territorial borders. This right includes the unlimited right to immigrate and to settle, work and acquire property and to retain all one's rights everywhere (as long as one does not infringe the rights of others).
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An escape possibility for opponents of the Nazis and for those who simply did not want to become involved in another war, which they saw coming, in the year 1939 or before, away from Germany and perhaps even Europe, to some neutral countries, might have made Hitler's further aggressions impossible or might, at least, have weakened him so much that he could have been defected more rapidly. It would also have destroyed much of the mythology of "one nation, one people, one leader" which prevailed not only in Germany but in other countries, towards Germans and other people. Instead, not even the Jewish people in Germany were given a chance to immigrate by other countries, in large and significant numbers, although for them it was much more obviously a question of life and death. (At the Evian Conference of 1938, called by President Roosevelt, the Western countries refused to buy the safety of 400,000 Jews for a pittance of $250 per head - which they could have recovered up to a thousand-fold from the saved people later on. Those who refused pretended to be men of principle, although they would probably not have objected at all to a "fee" of $ 250 for permission to immigrate. They were right in condemning the inhumanity of the Nazis - but what about their own? (A book which is a must-reading on this subject is Hans Habe's "The Mission", Panther, 1966.)
The same applies now to the Soviet Union and Red China. How many Russians would let themselves be exploited any longer as workers or abused as soldiers - if they could migrate to the West, with their families and their meagre possessions (or even without the latter)? Compare how many even surrendered to the Nazis! To expect tenfold that number, i.e. ca. 10 - 20 million, would probably still far under-estimate this potential. Moreover, what effects would it have on the number of these refugees if they were welcomed with open arms, as equals or as - autonomous citizens, if jobs and accommodation would be offered to them within days?
At least the military and economic power of the Soviets would be greatly reduced while that of the West would be greatly strengthened.
Similarly, freedom of movement for foreigners to and within the Soviet Union, would attract a large number of tourists and many of them would be propagandists against the Soviets - and be it only by the relative wealth revealed by their clothing.
The Soviets are so afraid of freedom of movement that they even restricted the movement of their own citizens within the borders of the Soviet Union.
One can generalise to state that a totalitarian dictatorship can in the long run only be continued by suppressing, among other rights, the right to move and migrate freely. Under full freedom of movement its subjects would run away in so large numbers that the regime would be fatally weakened or would even collapse. (Fear of this led to the erection of the Berlin Wall!)
If the right to secede would also exist or become realized, then, instead of emigrating, they would remain and establish instead exterritorial and autonomous communities of volunteers. Both measures could and should be supported at the same time.
Naturally, to the right to migrate from the USSR and Red China belongs the right to immigrate freely into any other country, which would require the repeal of a host of restrictive legislation and practices.
Moreover, the right to change one's residence has no large value if one gets no permission to work at the new location or can do so only under the greatest difficulties. (How one can supply oneself with work and accommodation without taking them from others, has been described below.)
Any statist centrally planned and regulated economy and the abusive power of a government resting upon it, would collapse when everyone could freely chose his place of living and working. Extreme instance: The Soviets could then no longer use up to 20 million slave labourers for militarily important tasks.
Moreover, in the long run and as a consequence of freedom of migration and settlement, the various nations and ethnic groups would melt more and more together, i.e. nationalism and racism would be reduced, the world would become a melting pot.
This would happen in a way to cater even to the worst nationalists and racists who, on a voluntary basis, could continue to keep their notions and practices of race or social life as "pure" as they like. Maybe they would come to proudly bear segregationist emblems and others would welcome these as indicating people one should not waste one's time with.
Freedom to migrate from densely to sparsely populated countries would also mean that no demagogue could any longer assert that "living space" would have to be conquered.
That density of population can be, under freedom, an asset, rather than a burden - is largely shown by the fact that demagogues have rarely ever (only in times of inflation and price control and then for rather obvious reasons)
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appealed to the population of cities to conquer the surrounding countryside in order to assure their food supply. (A free market supplies a city quite peacefully and plentifully with food which could not be grown within city limits.)
Freedom of movement would have a special meaning for the conscripted soldiers of dictators: they could then desert at any time to the foreigners attacked or threatened by the own dictatorial regime and could conclude with them a separate peace safeguarding their rights.
ARBITRATION COURTS
Every rational being has the right to agree with others upon private arbitration courts for all their conflicts which might arise, in place of the State's juridical system.
Why should people who are so peaceful that they are prepared to renounce partisan self-help and retaliation and to submit instead to private arbitration - remain submitted to any Statist jurisdiction?
The right to select one's arbitrators can be derived from freedom of contract and the general principle of tolerance stated above.
Quite obviously, as soon as there were courts for international affairs, associated with the powers required to see their sentences carried out, none of the contending parties would any longer have to fight to gain its rights.
Exterritorial and autonomous communities of volunteers would, for reasons inherent in their nature, agree upon arbitration court systems to settle conflicts between them or their members. If necessary, international militia forces would enforce the judgements of these courts.
Today this development does not take place, and is widely outlawed, because it is generally assumed (regardless of all experience to the contrary) that the State alone can uphold rights (actually does so) and that it requires monopolistic courts, police forces, prisons and armies for achieving this. Consequently, most citizens are disfranchised and rendered powerless regarding the protection of their rights.
Moreover, wrongful juridical systems persist in whole territories and sooner or later clash with similar systems in other areas.
The existing international courts and the laws they apply are so faulty and they are so restricted in their procedures that they are not worth discussing here. They certainly do not and cannot assure justice within and between States and may at best prevent some brushfire wars that none of the candidates was really interested in.
As we will see later on, the last court of appeal would be the citizens themselves, organised in rightful militias.
What kind of law the international arbitration courts ought to apply will also be discussed later.
ASSEMBLIES IN THE OPEN AIR
Every rational being has the right to assemble with others, even armed and in the open air.
In the open air one can assemble in many instances without incurring any expenditures. No rent is to be paid and when open air meeting places become permanent then not even advertising is required. Compare the Speakers' Corner in London's Hyde Park and similar places in many cities. Consequently, anyone who wants to propose how e.g., a lasting peace or a just society could be established, could there discuss such proposals publicly and spread them if they are somewhat useful. Without this kind of freedom to assemble, we have freedom of speech only for organizations like parties, churches, unions and larger movement groups which have enough funds to frequently rent meeting halls and for some individuals who con afford to do this on their own. All others would be severely restricted in the number of their listeners.
Experience has also shown that the existing groups, operating in spite of such economic difficulties, are not very receptive for new ideas. Their present ideas have obviously failed. All progress required towards lasting peace and a just society will have to come from small and presently unknown minority groups and individuals. These are, at least for the beginning of their work, dependent on the existence of opportunities like open air free speech centres. It is easy, in democratic countries, to look down on such places, especially when they are run, as at present and utilised only by various oddballs, ratbags, fanatics and religious nuts (with few exceptions). History can teach us that we should take these opportunities more serious: Almost all democratic revolutions began with assemblies of
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the people in the open air. Since the revolutionary overthrow of dictatorial governments is one of the major means to establish a lasting world peace, one can hardly stress the importance of such cost-free meeting centres.
Every dictator & many legislators and bureaucrats are aware how dangerous this right can be for them and correspondingly restrict this right severely, often as one of the first measures of their rule. On this J. J. Rousseau said in his "Social Contract", book 3, chapter 18:
" ... the decemvirs, first elected for one year and then kept on in office for a second, tried to perpetuate their power by forbidding the comitia to assemble; and by this easy method every government in the world, one clothed with the public power, sooner or later usurps the sovereign authority."
Any government can do this only as long as its soldiers and policemen do not rise against it and realize these rights and others against its will.
How such institutions can be established or made more effective will be discussed in the appendix.
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Peace Plans 50-54: Libertarian Book Lists and Book Sources, a preliminary listing
Peace Plans 55: Some Papers on the Anarchism and Monetary Freedom Views of the School of Living
Peace Plans 56: Some Papers on and by Dr. Ralph Borsodi, 1886-1877, Decentralist, Money and Land Reformer, Free Trader, Peace Lover, Founder of the School of Living.
Peace Plans 57-60: John Henry Mackay, The Anarchists; Solneman: Mackay the Unique; Dana: Proudhon and his Bank of the People.
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SECTION II:
WHAT ECONOMIC NEW HUMAN RIGHTS
ARE TO BE INCLUDED IN ALL CONSTITUTIONS?
"Try first of all for the kingdom of
pure practical reason and its justice,
then you will obtain its purpose,
the benefit of eternal peace,
without any further efforts."
Immanuel Kant, Eternal Peace
"Through the completely free play of economic forces
the greatest possible harmony of economic interests
is achieved quite automatically."
The main conclusion of laissez faire or free market economics.
S U B D I V I S I O N S
1. Right to Break Monopolies
2. Freedom to Issue Standardised and Typified Means of Exchange Without Legal Tender
3. Freedom to Choose Any Standard of Value
4. Right to Refuse to Accept Inferior or Suspected Means of Payment
5. Free Trade
6. Freedom for and within Cooperative Productive Organisations
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Right to Break Monopolies
From the general human rights and the right of rational beings to the full proceeds of their labours (whatever it would bring on a truly free market), follows the wrongfulness of any legal or constitutional monopoly and the right of every rational being to either ignore or break all pretended exclusive "rights" (monopolies).
How could the abolition of these monopolies promote world peace? For examples see the sections in this book under Decision on war and peace, Weapons monopoly, Experimental freedom and Separate peace treaties. Perhaps most important of all: The monopoly of governments to conduct or prevent reforms which would bring about internal and external peace. This one will also be broken by the right of individuals to secede from the State. In one stroke it would break this and all other Statist monopolies.
The note issue monopoly permits the State for finance a war by inflation. The postal monopoly allows it to obstruct e.g., negotiations between the own citizens and soldiers and those of the opposing government. By means of the postal monopoly the State can easily carry out a censorship of mail, news restrictions and listen in to private tele-phone conversations - and can thereby likewise prolong a war. Misled sheep not conscious of their danger, can be much easier led to the slaughterhouse. Only by means of the government's monopoly on news transmission, during wartime (and apart from rumours), can a government carry out a successful propaganda campaign, e.g. to induce its soldiers to go on fighting in hopeless cases and this for wrongful war aims.
Whosoever orders - and has power to order - a news blackout on some matter which concerns the rights and interests of a whole nation, i.e. whosoever declares all other citizens to be unable to judge facts, should not be surprised if he is thereupon considered and treated as a tyrant. (If moral people had assassinated J. F. Kennedy then
this might have been a justification of their act. He imposed a news blockade during the Cuba Crisis. We have still probably not heard all facts on this matter. At one stage the word of a Soviet captain was taken as guaranty that the missiles from Cuba were on his ship and on the way back to the Soviet Union. Moreover, he helped to bungle the Bay of Pigs invasion - and during his reign the nuclear arsenal of the US, i.e., his arsenal of anti-people mass murder "weapons", was doubled.)
The foreign trade monopoly, or the monopolistic restrictions of foreign trade, upheld by the State, can also lead to the so-called trade wars. (Actually, wars are never conducted for trade but always against free trading. When most people in England and Germany, during WW I, believed they were fighting their greatest competitor in trade and industry, what they were both actually fighting was: their own biggest customer. People with prejudices can't be bothered looking at trade statistics. Admittedly, on both sides there were probably groups looking for trade monopolies.)
The monopoly of governments to conduct full employment measures and their suppression of the right to supply oneself with work (and all that this implies, e.g. the right to issue one's own means of exchange - subject to a free market rate and the right to refuse acceptance of inferior and not contracted for means of exchange and value standards) created whole armies of unemployed who believed the promises of men like Hitler and came to believe e.g. that unemployment could only be abolished by means of the armament industries. These few hints must suffice here.
To show the close relationship between anti-monopolism and peace would take at least another book. But many other sections of this book do also deal with this subject.
Freedom to Issue Standardised and Typified Means of Exchange without Legal Tender
"To provide exchange media is no more a sovereign right of governments than to provide nappy exchanges."
Every rational being has the natural right to produce, order or offer in payment any kind of standardised and typified exchange media, in money denominations, which have neither compulsory acceptance nor forced value (and thus cannot be inflated like legal tender money), provided these offer an exchange into the goods or services offered by the issuer or his associates, at their nominal value and at any time, or that they are accepted in clearing, i.e. in all payments due to the issuer and his associates.
Every rational being has the further right to issue medium and long term securities, including bearer bonds, provided only all issue details are sufficiently publicised.
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These rights follow from the wrongfulness of all legally imposed monopolies, here especially those of the Central Bank and the Treasury, from freedom of contract, the right to supply oneself with work and from the principle of tolerance for tolerant actions.
Could this right promote world peace in any way? Monetary freedom would be one of the main means to abolish unemployment. Employed people are less likely to follow a demagogue or to rebel: The French Revolution began when of 600,000 Parisians no less than 200,000 were unemployed. During the Congo war unemployment in Elizabethville reached a record of 80%, in Saigon, during the Vietnam war, it reached 40%, before the riots in Watts, California, unemployment among Negroes was about 30%.
(While re-reading this, & remembering a recent hint to youth unemployment in Australia, standing at 39%, I wonder whether there is a link between this very high rate of unemployment and the high rate of vandalist acts even in this supposedly peaceful country area. - J.Z., 9.12.02.)
While unemployment prevails, one cannot expect e.g., workers in nuclear plants to make themselves unemployed by leaving their work places and declaring: We will no longer produce weapons which threaten human rights or keep any nuclear reactors or laboratories going which increase the existing radioactive pollution still further and might, in case of mishaps or sabotage or war, threaten the lives of ten-thousands of people directly and many more people later on. Instead we will help to destroy all such weapons and installations and will look for a more useful and less immoral employment." Under the present interventionist economic system they would then remain unemployed for a considerable time and this would deter most of them. Once monetary freedom is introduced, most of them could find other jobs within hours.
Unemployment is caused mainly by a shortage of sound exchange media which can even occur during an abundance of inferior ones. (This does not deny that there are other factors, more direct restrictions, like compulsory licensing and prohibitions, minimum wages, civil unrest, sudden changes in the market situation etc., restrictions of the capital market - but they are all of relatively minor importance & their abolition would not abolish all unemployment.)
Such a shortage of exchange media becomes inevitable when money issue is coercive, monpolistic and centralistic. Only the repeal of legal tender can prevent the over-issue of inferior means of exchange and can, together with the repeal of the issue monopoly, avoid likewise an under-issue of sound exchange media. Only when legal tender is repealed will there exist, in the free market rate of means of payment, a reliable indicator of how saturated the market is with exchange media, whether it is sufficiently supplied or under- or over-supplied. In this the free market rate for currencies will act like any other free pricing. A premium will indicate the need for further issues. A discount will suggest a cessation of issues for a while. Both will be achieved by the self-interest of issuers and acceptors, without any legislative intervention.
Monopolies are as a rule abused by keeping the monopoly goods or services short. The note-issue monopoly will be broken by the free issue of value tokens without legal tender, wherever, whenever and by whoever this is possible.
A central bank cannot supply a whole country equally with sufficient means of exchange, no more so than a central bakery could supply it with fresh bread. Free banking or monetary freedom would permit a supply with exchange media exactly in accordance with local conditions and the cash needs of individuals - to the extent that the latter can offer goods or services in return.
An over-issue of legal tender means of exchange, i.e. an inflation, has finally the effect that less and less people want to invest any capital on long terms and thus cause unemployment. Without legal tender no inflation could be caused - provided only people can freely issue alternative sound exchange media, do issue them and do mark out their prices, wages etc. in sound value standards. Then, in case of over-issues, only the particular over-issued exchange medium would suffer a discount but prices, reckoned in sound value standards, would remain the same. The inferior means would be widely refused, the sound exchange media preferred - and the good money would drive out the bad. E.g., if you issued an abundance of false cheques and I am, as I am now, free to refuse or discount them, because they are not legal tender, and if, moreover, I have priced all my goods and services in gold weight units and accept exchange media other than gold coins only at their gold weight value on the free gold market, then my gold prices would remain, quite obviously, unaffected by your over-issue of cheques. Your cheques alone would depreciate. And in spite of their depreciation in the free market for exchange media you would still have to accept your cheques at face value in all payments due to you. It would go against your self-interest to issue them at a great discount only to have them presented to you at their nominal value to pay for whatever is still owed to you. With your issues, not being legal tender, you could not partly expropriate or even bankrupt your creditors.
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Gresham's Law, as commonly understood, applies only in case the bad money possesses legal tender. Otherwise, it is pushed out of circulation by the good money, the money that voluntary acceptors would prefer.
Goods warrants without legal tender cannot be inflated: Firstly, the issuer will cease further issues as soon as his certificates suffer a discount, for the simple reason that he has to accept them himself, at their face value, any time, like his own I.O.U.s. Secondly, under monetary freedom almost no one would accept any longer a suspicious or deteriorating means of exchange, one which has a discount on a free market, because it is unsuitable for passing on as a circulating medium. The only ones who would take a limited amount of such certificates would be the debtors of the issuer - because they could immediately repay their debt with them.
Only under free note issue can all the products produced under division of labour and all the specialised services offered and desired - be exchanged without friction and at true market prices. Without the resulting unhindered exchange, production based on division of labour cannot fully function. For exchanges, exchange media are required in any advanced economy. When these are missing or in short supply then unemployment & other sales difficulties are the inevitable result because then many of the necessary and desired exchange acts cannot take place. (A reduction of all prices to adapt to the reduced circulation of exchange media does not take place as fast as many economists hope for, expect or predict. Moreover, falling prices, very different from fallen prices, do not encourage buying but deter from it, thus increasing an existing shortage of exchange media still further.)
In form of goods warrants etc. the missing exchange media could be provided at any time, as soon as the corresponding legal prohibitions are removed or successfully ignored.
Only a large number of wrong assumptions and myths can have obscured the basic relationships so far When as important a social medium as the exchange medium is monopolised, then shortages of it are inevitable and all exchanges are interfered with. Moreover, self-correction by means of the competitive issue of sound alternative exchange media is then interdicted. The legally exclusive exchange medium dominates and ruins all - until quite extreme conditions are reached, like the extremes of dictatorship, when finally many people rebel - after most of the possible harm has already been done. Only prejudices can induce people to submit to the arbitrary and coercive manipulation of one standard of measurement, the standard of value, by means of legal tender and the note issue monopoly and the outlawry of value preserving clauses. It is absurd to expect a market to be free and function properly as long as this double flaw prevails. Under monetary freedom the exchange media issued and freely accepted, and the standards of value agreed upon, would be no longer compulsorily mixed up, as now in our paper money and the value of each type of competitive exchange medium - and how far it has deviated, if at all, from its stated nominal value, would be continuously monitored on a free market for all kinds of currencies. Compare the series of monetary freedom writings already published in this Peace Plans series and planned for future issues.
As soon as freedom of note-issue is realised, many enterprises will be able to grant short term credits in their own notes for the provision of employment. These will be enterprises which are today rather debtors than creditors and they will only be too willing to organise themselves for such issues as they could not only guaranty their sales with such issues but also could make a separate profit by proceeding in this way. I am thinking here especially of the retail shops for consumer goods, e.g. food and hardware stores etc. By means of freedom for note issue they could, almost instantly, practically within hours (through using instant printing and local radio stations for announcements), mobilise the immense wealth they have between them, in the form of ready-for-sale goods and services, for the purpose of providing employment: They could do this by issuing shop foundation currency to all existing and prospective employers for wage payments - in return for short-term claims against the manufacturers and wholesalers, representing goods already produced and sold, on their way to the retailers and consumers. (With these claims they can later place orders to restock their stores.)
Their notes should be standardised, typified and in money denominations and, preferably, express their value in gold weight units while all their prices should also be marked in gold weight units. (Or in any other value standard that they and their customers do prefer.)
As capital to be thus mobilised would count the stocks in the shops, the consumer services offered, e.g. by barbers and lawyers, the transport capacity of railways, busses, taxis, aircraft etc., even the tax receipts of governments.
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(What value these latter possess is known to anyone who was once victim of forced collection proceedings by a government.)
In this way all employers can be fast, easily and sufficiently supplied with exchange media. The employees will find them acceptable because they are accepted in the shops. Shops can continue to sell, employers to produce and workers to work. The exchange process will be restored, even achieve its optimum. No employer will any longer have to dismiss workers just because he is unable to get sufficient exchange media for wage payments. None of his customers will be unable, merely for monetary reasons, to place orders with him. (More on the technique of these issues below and in other writings of this series. For circulation charts see e.g., Peace Plans No. 41.)
In quite general terms, freedom of note issue allows everyone to transform his needs or requirements into demand supplied with purchasing power, to fulfil his needs and, simultaneously, to establish a demand for his products and services, to the extent that he has economically useful & wanted goods and services at competitive prices to offer and that he succeeds to offer them in form of his own exchange media (standardised and typified I.O.U. debt certificates in money denominations, promising their acceptance at any time at par with the stated value unit) or similar exchange media which he issues, together with others who are in the same position. A perfected clearing would return his own notes to him in the same way as his cheques are returned to his bank. Consequently, the satisfaction of the needs of the unemployed (or of the seller of goods or special professional services) would create an equivalent demand for his services. His coming-up work or sales would, so to speak, be paid in advance.
In other words: Circulated goods or service warrants, i.e. warrants issued in payment and constituting claims against the own services or goods, will bring the issuer inevitably work or sales. The proceeds of these are received and spent in advance.
By means of a continuous repetition of this process a continuous income can be secured by all who offer wanted goods and services.
When a number of citizens and enterprises associate for the common issue of an exchange medium, then its capacity to circulate will, naturally, be increased. But a perfect clearing system would even allow individuals to make such issues - naturally, as a rule, at some discount.
Quite generally, one can say that freedom of note issue abolishes unemployment by making the supply of everyone with exchange media possible, to the extent that he is willing and able to give goods or services in return.
By means of this monetary freedom not only unemployment and inflation could be abolished: Even revolutionaries could supply themselves with "full employment" until their job is done, i.e., they could properly finance their revolution. They could do so e.g. by issuing, during their struggle, their own notes without legal tender which they would accept in payment of a revolution tax levied by them or of all voluntary taxation or insurance contributions made to them by all their sympathisers. (See under Cash Payments, Plunder and Tax Foundation Money. A special study on this subject, Georg Holzhauer's monograph on cash payments in occupied territories, was published in future PEACE PLANS 428.) - (The liberation war taxes paid could later be transformed into shares in previously nationalised assets. Compare PEACE PLANS 19 C. - J.Z., 9.12.02.)
Monetary freedom would also help revolutionaries indirectly: Cash circulation and thereby indirectly production, are largely paralysed during revolutions in all countries with an exclusive and forced currency. But production can be continued - and its products will thus be available also to the revolutionaries, when shops and shop associations are free to issue shop currencies.
Some of the costs of a revolution, which are comparable to capital or investment costs, could be covered by the issue of typified gold loan warrants which after the revolution could be exchanged into gold loan certificates of the revolutionary government. The finance plan published in Peace Plans No. 19 C for a libertarian party could also be easily adapted for the financing on long terms of a libertarian revolution. This latter method would help to realize now the present monetary value of the so far nationalised assets, which will be liberated by the revolution and will put these funds largely into the hands of the revolutionaries, at least through internal black market transactions and through open foreign financing deals, before the revolution or during the revolution, so that the revolution can finance itself out of its achievements.
For illiterate people and all those with a temporarily insurmountable prejudices against all paper means of payment, revolutionaries should also issue some full weight silver and possibly, some gold coins.
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Freedom to Choose Any Standard of Value
Every rational being has the natural right to attempt to invest his capital in a way that would help to preserve its value and may thus in all debt contracts (including wage, rent, pension and building loan contracts), in all his offers and searches, and in the issue of any exchange media that he might issue, use any standard of value or value preserving clause of his choice.
This right follows likewise from the general principle of rights, the principle of tolerance for tolerant actions, from freedom of contract and in particular, from freedom to exchange.
Together with the right of individuals to refuse to accept inferior or suspicious means of payment, this freedom in the choice of value standards would repeal the legal tender for the State's paper money and would thus make the further inflation of this or any other currency impossible. As was experienced all too often before, the victims of inflations, who usually do not fully realise what has happened to them and how it was possible, follow to easily the promises of a Napoleon or a Hitler.
This right would also make long term stable investments in housing possible and could thus help to abolish almost any housing shortage in a short time. Housing shortages, as expressed for instance in some slums, can also help to worsen ideological, national and racial tensions to a degree where civil and foreign wars are brought closer. Moreover, this right would protect the pension funds from depreciation and thereby a large number of old people from impoverishment - which could drive them into the open arms of totalitarian revolutionaries or parties or would induce them to support military ambitions. (A fully free building market would, admittedly, require more than this particular economic freedom. But it is an important and all too neglected aspect. - J.Z., 9.12.02.)
Right to Refuse to Accept Inferior or Suspected Means of Payment
Everyone has the right, without having to give any reasons, to refuse to accept any exchange media he suspects or considers inferior, or to accept them only at a lower value, provided only he has not obliged himself by some contract to accept them, or has issued them himself. This right finds its limit in the obligation to accept a local currency at par value - as long as it is accepted on the market at par and as long as nothing to the contrary has been contractually agreed upon.
This right would prevent an inflation which might, otherwise, occur by the over-issue of exchange media and would thus prevent the method of financing wars - and other excessive government expenditures - which is today most widely spread.
Utilisation of this possibility of refusal by revolutionaries and towards the paper money of a dictatorial regime, would finally make this regime unable to pay and thus, lastly, also unable to fight.
Free Trade
Every rational being has the natural right to trade freely with his labour products, means of exchange, certificates. goods and services and rightful possessions, or with those of others entrusted to him for this purpose, anywhere and anytime, not subject to any laws, regulations or other restrictions by any third parties.
This right requires the repeal of all custom duties, foreign exchange control laws, quotas, compulsory licences, monopolies, economic frontiers, shopping and working hour restrictions etc., etc. It includes the right to freely buy, store and trade rare metals.
There is one qualification for the protection of human rights though: The trade with poisons, explosives and weapons may be restricted, i.e. they may freely, as stated above, be sold by and to rational beings only. Moreover, mass extermination devices, poisons or germs may not be freely produced, stored, sold or bought by anyone, not even by people who otherwise could be considered as rational beings.
Subsequently, there would no longer be wars under the pretence that exclusive markets must be conquered. To everyone the world market would be open, be he a producer or a consumer.
Mutual economic dependence would be increased. Governments are less likely to conduct wars against other countries when they economically depend on their cooperation.
No State could then any longer pursue a policy of autarchy which in some ways would facilitate the preparation of aggressive wars.
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Once the Free Trade system has existed for a few years (a Free Trade including Monetary and Financial Freedom!) and everyone has experienced its advantages, its opposite, the protectionist, centralist, coercive, monopolistic and collectivist system prevailing today, could no longer be introduced or maintained for long.
Free Trade would increase the international division of labour and would thus lead to an increased standard of living for everyone. Thus dictators will find it harder to gather a sufficient number of discontented people who could be enthused for another war.
Free Trade would include the free transferability of capital into other countries. Investments in other countries are peace promoting. Especialy so when due to full economic freedom most social problems of an economic nature have been solved, seeing that at least these investors will strongly oppose any war which might endanger their investments. (This points out one of the irrational features of the present popular opposition against foreign investments. The more of them there are, the more assured will peace become, other factors remaining unchanged.)
The freer trade is, the more people do become involved with people from other nations, cultures, races, religions and ideologies, come to understand and appreciate or at least to tolerate them.
Under Free Trade, no State could any longer direct trade, production and finance in a way that an irresponsibly high percentage of all incomes is directed into armament efforts by means of various fraudulent or coercive confiscatory means. Immanuel Kant remarked on this in "Eternal Peace":
"The interests of trade do not agree with those of war and in all nations, sooner or later, the trade interest will finally overcome the war interest."
Trade with nuclear destructive devices, which are contrary to human rights, according to their very nature, can be compared with the slave trade, and is similarly wrong and to be suppressed. Free Trade does not authorise any irrational being either, who would want to supply dictators with weapons and other war materials. This would also be an offence against human rights and the natural rights of rational beings. Such behaviour is morally no better than the supply of a group of gangsters with firearms and breaking and entering tools.
Freedom for and within Productive Cooperatives
Every rational being has the natural right to establish or join productive cooperatives and other partnerships and proprietorships, with constitutions according to his choice and to produce in them his livelihood, in a process of division of labour and free exchange, i.e., without being exploited.
Open Cooperatives according to Theodor Hertzka:
Everyone may join enterprises which exploit a natural monopoly (which is in any way socially harmful), at any time, either as a co-worker or a co-investor with equal rights or merely as an interested person with a vote during general meetings.
All such enterprises are to be considered as productive cooperatives and conducted as such. Any such open cooperative has to repay the present owners the full present value of their investment in a form agreeable to both. The openness hinted at above would prevent injustice to either side.
There is no property right of individuals or groups towards natural monopolies (if these are rationally defined and limited to harmful privileges). Open cooperatives could no longer exploit such a monopoly, i.e. gain monopoly profits, as anyone would be free to join them even if this would require, in some instances, a shortening of working hours. Consumers could also join to bring about a price reduction of the goods and services of this open cooperative. If the natural advantage of the enterprise is so large that either of these methods is not successful and if the members would want to prevent a reduction of their working time to extreme lengths, then they could oblige themselves, for several years in advance, to donate their excess profits due to their natural advantage, to some of the other foundation.
How could this affect the war and peace situation? The strength of the communist totalitarian systems lies largely in the dissatisfactions arising out of the employer-employee relationships and the exploitation of natural monopolies. In a cooperative there are no longer employers and employees. An open cooperative, as proposed, is no longer a monopoly enterprise in the old sense. Thus the realisation of these rights, even if initially only in the West, would help to deprive the Soviets and Red Chinese of many of their followers in their and our countries.
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The advantages of cooperative production (e.g., abolition of strikes, go-slow work, reduction of theft and waste and "sickies", a great common interest in rationalisation, a productive engagement of members more in accordance with their abilities) would increase the standard of living of the members considerably and thereby render them also more peace-loving. As a rule those are most warlike who have least to lose through a war.
For a brief compilation of general and economic human rights see Appendix No. I.
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Some Quotes on Human Rights:
"The essence of the concept is that there are certain possessions of the individual, such as his own body and mind, which no other individual (or group) can justly control without his consent." - Dr. Duncan Yuille
"Right is the agreement of everybody's unfettered actions with the unfettered actions of everybody else according to a general principle of freedom. It is accompanied by the authority to enforce it."
- Free after Immanuel Kant
"Human rights identify social conditions that are good for people because they are people. Their human nature requires them. In this human rights are standards of conduct derived from the nature of man - only they pertain to a social context." - Tibor R. Machan, "REASON", May 1973.
" ... these natural, inherent, inalienable, individual rights are sacred things. They are the only human rights. They are the only rights by which any man can protect his own property, liberty, or life against any one who may be disposed to take it away. Consequently, they are not things that any set of either blockheads or villains, calling themselves a government, can rightfully take into their own hands, and dispose of at their pleasure, as they have been accustomed to do in this, and in nearly or quite all other countries." - Lysander Spooner, in Letter to Cleveland, 7 .
"... the fact that human rights begin and end with the individual; that they are not permissions, privileges, or conditions granted to men by social institutions, by the law, or by one's neighbors; that institutions should only protect and preserve them, and one's neighbors should only respect them."
Anne Wortham in "THE FREEMAN", July, 1975.
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PART ONE
B) INSTITUTIONS :
SECTION III
TO WHAT EXTENT HAVE OUR INSTITUTIONS AND PRINCIPLES FOR THE PROTECTION OF HUMAN RIGHTS TO BE CHANGED?
WHAT NEW INSTITUTIONS FOR THE PROTECTION OF HUMAN RIGHTS HAVE TO BE ESTABLISHED?
"The problem of establishing an ideal republic can be solved, hard as it may sound, even for a nation made up of devils - if only they are rational. It can be stated thus: To bring order to a number of rational beings, all of whom want general rules for their preservation, and each of whom is secretly inclined to make exceptions for himself, in such a way that, although they are antagonistic in their private intentions, their private intentions do balance each other, with the result that their public behaviour is such that it seems that they have no evil intentions...
We should not expect a good constitution from the prevailing morality but, on the contrary, can expect the
moral development of a nation only from a good constitution." - Immanuel Kant, Eternal Peace, 1795.
M A I N S U B D I V I S I O N S
1. The protective institutions of the old kind have failed.
2. Exterritorial and Autonomous Communities of Volunteers.
3. A new Human Rights Declaration is necessary.
4. International Arbitration Courts.
5. Local Militias and International Militia Federation.
6. What principles of International Law have to be included in the constitutions?
7. Referendums
8. Arbitration Courts.
9. Recall of officers.
10. Police power.
11. Penal institutions.
12. Conclusion
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The Protective Institutions of the Old Kind Have Failed
Quite obviously, the protective institutions of the old and present kind (territorial States, constitutions, International Court in Hague, police, armies, alliances, international law, parliamentary representation, State courts, periodical elections, penal codes and penal institutions) did not and do not suffice to protect rights and thereby preserve peace and prevent the rise of dictatorships. At least these institutions were never able to achieve this sufficiently and for long periods and world-wide. This leads to the conclusion that they might have to be replaced or supplemented by other and better ones.
It is also obvious that many of the old institutions and principles are contrary to individual human rights and natural rights of rational beings. Thus these must be abolished to realise these rights. That the recognition and the protection of human rights would guarantee world peace was shown in the previous two sections.
In this and the following section an attempt is made to demonstrate that territorial States which are all, according to their very nature, militarily and hierarchically organised, should not be retained under the assumption that they would be necessary for the protection of rights and the regulation of the economy and that the dangers arising from their military nature and their tendencies towards war are unpleasant traits one should put up with because of the protective advantages the States would offer.
"How is it possible to sanction, under the law of equal liberty, the confiscation of a man's earnings to pay for protection which he has not sought and does not desire? And, if this is an outrage, what name shall we give to such confiscation when the victim is given, instead of bread, a stone, instead of protection, oppression? To force a man to pay for the violation of his own liberty is indeed an addition of insult to injury. But that is exactly what the State is doing." - B. R. Tucker, Relation of the State to the Individual.
"If a man wants "protection", he is competent to make his own bargains for it; and nobody has any occasion to rob him, in order to "protect" him against his will." - Lysander Spooner
Exterritorial and Autonomous Communities of Volunteers
The State is today considered as the foremost institution to protect rights or, rather, legal claims. It is assumed that only within its framework are other protective associations possible. Those who make such assumptions do overlook that even today there are some large and powerful exterritorial associations with somewhat voluntary membership, which protect what they consider to be the rights of their members, sometimes even against governments: churches, unions and professional associations. One might also add the nobility - but now less, much less so than in previous centuries. But the military and the public service form similar bodies even with their own jurisdiction. They, likewise, form "States within States". Admittedly, all of these are based not on human rights or only on few of them and they all largely share the intolerance of the territorial States and attempt to make membership compulsory. Nor does anyone of them invite secession of dissenters or welcomes competitive associations. But they are largely exterritorial and autonomous and do at least pretend to be purely voluntary. Thus they make full exterritorial and autonomous and voluntary organizations more believable. (Even while they remain deterrent examples of monopoly-minded power-seekers with territorial aspirations. - J.Z., 9.12.02.)
The personal law associations here proposed will be more clearly and comprehensively based on individual human rights, interrelate on the basis of these rights and be better able and more willing to protect the individual rights of their members and even, through federations and protective interventions, the rights of the members of other communities, seeing they want their own autonomy also protected by others. (Many factors work in this direction but they cannot all be restated here.)
Their autonomy will be much more comprehensive: They will have the kind of constitution, legislation, government, jurisdiction and administration which their voluntary members like, including maxi- and mini- and no-governments. They will have only very few basic laws or principles in common like:
voluntary entry,
individual secession and
respect for the individual rights & internal affairs of members of other communities.
(To the extent that the voluntary members of personal law communities do claim such rights. If there is no claimant then there is no offence! - At least at this stage of human development anti-abortion communities will not go to war against pro-abortion communities, i.e., against people who believe in aborting their own children. - J.Z., 9.12.02.)
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The territorial States have failed as institutions for the protection of individual rights, even in their best, the democratic forms, which recognize some of the basic rights to a considerable extent, even when they hedge and restrict them by numerous laws and wrongful practices. Even if they really protect the rights of the majority - and at best they are only geared for that, they still and continuously offend against those of many the minorities. This is inevitable since even they are built on the "ideals" of territorial uniformity, conformity, equality, subordination and collective decision making.
"Among the three forms of the State is Democracy. In its proper sense it is really a despotism because it establishes an executive power by which all determine on and also against one (who does not consent), by which all, who are not all, decide, which is a contradiction of the general will against itself and with freedom." - Immanuel Kant, Eternal Peace, 1795.
"... the merit of the democratic form of government consists solely in this, that it trespasses against the smallest number." - Herbert Spencer, Social Statics, 1850, p. 189 of the Schalkenbach edition of 1954.
Only the proposed exterritorial and autonomous communities of volunteers make an exception here and offer a way out. Their members do have alike interests. They are associated for this purpose and are thus prepared to submit to the same rules. Only they cannot offend against the right to self-determination of the individual because anyone can secede from them. Only in these associations can the freedom and sovereignty of the individual - within the framework set by human rights and natural rights of rational beings - take the place of the sovereignty of the State. Only in these protective associations can individuals no longer be arbitrarily handled and used,
as property or tools, as happens nowadays to most citizens and taxpayers of territorial States, especially in times of war, but also, to an excessive degree, in times of peace, no matter what the supposedly benevolent intention or pretence is.
The autonomy of the exterritorial and autonomous protective associations of volunteers is nothing but the sum of the rights and liberties of their members.
It is likely that the various new exterritorial personal law associations resulting from individual secession will form some sort of federation, at least for some juridical avenues, some common defence purposes and to register membership and membership changes. As long as the members of such an association defend also the right of individuals to secede from this international federation, it could not turn into a world dictatorship. Naturally, this would result in several and competing world federations, as peacefully coexisting as the exterritorial and autonomous communities of volunteers do or most churches at present.
"The idea of a constitution which agrees with the natural rights of men: requiring that all those subordinated to a law should also and simultaneously be associated for legislative purposes, forms the foundation of all the forms of a State. A commonwealth, perceived in accordance with this idea by means of pure concepts of reasoning, is not merely a figure of the imagination, called a platonic ideal (respublica noumenon), but, instead, the eternal norm for all civil society and it removes all wars. A civil society organized in accordance with it, is the realisation of such a society in the world of experience, in accordance with the principles of freedom (respublica phaenomenon). It can only be achieved after prolonged struggles and wars. But its constitution, once achieved on a large scale, qualifies it, best among all, to keep away war (which destroys every-thing that is good). Consequently, it is a duty to enter into such a constitution." - Immanuel Kant, Argument among the Faculties.
"Man has not succeeded in developing political and economic forms of organisation which would guarantee the peaceful coexistence of the nations of the world."
- Albert Einstein, A Message to Intellectuals, 1948.
"The art of progress is to preserve order amid change and to preserve change amid order."
- Alfred North Whitehead: FORBES, December 1, 1957.
"… bondage of the people who were denied the privilege of enacting their own laws." - Patrick Henry.
"Whenever a government takes an action, there are some who favor that action. They have a right to favour it. They simply have no right to favor it at the expense of those who do not favor it ... When a policy is favored by some, it is imposed on all." - Robert LeFevre, "OUTLOOK", December 1972.
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"Just as injurious as it would be to an amphibian to cut off its branchiae before its lungs were well developed; so injurious must it be to a society to destroy its old institutions before the new have become organized enough to take their places." - Herbert Spencer, The Study of Sociology, chapter 16.
We need what Milton Friedman (in "Capitalism and Freedom", p. 23) seems to think impossible:
"Separate legislative enactments for each 'party' represented." One should perhaps add: for "and by each party represented and at its expense".
A New Human Rights Declaration Is Necessary
Is it really necessary for the protection of human rights to provide an as complete code of human rights and the natural rights of rational beings as possible?
It is obviously not enough to point out just some human rights in a number of dispersed essays which are not accessible to everyone and at any time. A complete collection, compilation and wide enough as well as periodical publication of all human and natural rights that have so far become known, in form of a human rights declaration or code, becomes necessary:
1. to give everyone at any time a useful basic standard to judge whether an action or an order is fundamentally
right,
2. to enable everyone to become acquainted with all his basic rights,
3. to prevent that human rights, once discovered, will ever again be widely forgotten and
4. to enable everyone to claim a certain human or natural right at any time and anywhere.
This is an essential condition to enable everyone to respect human rights, avoid breaching them and enable him to associate with others for their protection.
Most of the older human rights declarations realized the value of these codes. For instance, the French Constitution of 3.9.1791 declares:
"After the representatives of the people, constituted as National Assembly, considered that ignorance of, the forgetting of and the disregard for the rights of men are the sole causes for wide-spread misery and the corruption of governments, they have determined to formally declare the natural, inalienable and inviolable human rights, in order to make this declaration accessible to all members of society at any time, to continuously remind them of their rights and duties, to achieve that the actions of the legislative and executive powers will be more respected because they can be compared, at any time, with the final purpose of all political constitutions, and to achieve that the claims of the citizens, which in future shall be always based upon simple and indisputable principles, shall always aim at the preservation of the constitution and the common good."
The Universal Declaration of Human Rights by the UN of 10.12.1948 runs similarly:
WHEREAS recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,
WHEREAS disregard and contempt of human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,
WHEREAS it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,
WHEREAS it is essential to promote the development of friendly relations between nations ....
WHEREAS a common understanding of these rights and freedoms is of the greatest importance for the full realisation ..." (of human rights and fundamental freedoms)
"NOW THEREFORE the General Assembly proclaims
This Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction ..."
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Are the old human rights codifications insufficient?
The old human rights codes contain so many errors, unnecessary restrictions and misunderstandings and are, especially in their sections on economic rights, so flawed and incomplete that they have brought the whole concept of human rights and natural rights of rational beings into disrepute and can hardly serve as foundation for a new and peaceful social order. The above chapters have offered some proofs for this assertion.
One can even go so far as to state that the various existing and partly contradictory concepts of property, of private and State monopolies, of the right to exchange one's products, have contributed very much to the rise of Bolshevism and of other totalitarian movements. One could go further and state that the whole communist ideolo-gy is but the result of misunderstandings, distortions and ignorance of economic and political basic rights.
It can therefore be assumed that a new, clear and, according to the present state of the science of rights, complete enumeration of human rights would very much promote the establishment and preservation of world peace. Thus, in appendix No. I, a first draft of such a declaration is submitted for discussion.
(In PEACE PLANS 589/590 about one hundred PRIVATE drafts of this kind are offered for discussion, a discussion that, alas, has not yet taken place! - J.Z., 9.12.02.)
"For we are not concerned here with happiness which could be expected for the subjects from the establishment or administration of a republic, but, first of all, merely with the rights that ought to be secured for everyone. Right is the supreme principle from which all maxims on public affairs must be derived and it is not limited by any other principle. It would be impossible to provide a generally valid principle for legislation in order to achieve the former, happiness. The conditions of the times as well as the very contradictory and always changing notions which people have on their happiness (where and how they could find it no one could prescribe) make all firm principles impossible and renders happiness alone quite useless as a principle for legislation. The statement "Salus publica suprema civitatis lex est" (The Common Good is the supreme law of society.), remains in undiminished value and fame, but the common good which first of all is to be taken into consideration, is precisely that legal constitution which secures freedom to everyone by means of Laws. This would not hinder anyone to seek his happiness in any way he likes, if only he does not offend against the general lawful freedom, that is, against the rights of his fellow citizens. ... The aim must be not to make the people happy against their will but merely to achieve that they can coexist in a civil society." - Immanuel Kant in his essay: "On the proverb: 'This might be right in theory but is useless in practice.'"
International Arbitration Courts
For the peaceful settlement of any arguments which might arise between exterritorial and autonomous communities of volunteers and between States and such communities, at least one international arbitration court would be required. This arbitration court would have to avoid the mistakes of the International Court in Hague, of the League
of Nations and of the United Nations (which might also be considered, in many ways, as international courts). Thus something like the following rules should be adopted for international arbitration courts:
1. Every exterritorial and autonomous community of volunteers and every State is to be a member of one or the
other international arbitration system.
Kant said on this in his work 'Eternal Peace":
"A man or a people in a condition of nature deprives me of security and injures me already by this condition alone. They exist aside me, although not active (facto) but in a lawless condition (statu iniusto), whereby I am continuously threatened by them. Thus I may force them either to enter with me into common lawful relations or to leave my neighbourhood."
2. None of the members, no matter how powerful, possesses any kind of veto right.
3. The international arbitration court is the decisive authority for all arguments between members which are not
already settled, within one month, by means of negotiations between those involved or by means of arbitrators
appointed for this purpose by the disputing parties.
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4. The international courts will also decide on the so-called "internal affairs" of a member association - in cases of
offences against basic human rights which individual members of States and communities have claimed.
5. The basic law for the international arbitration courts is the most complete of the existing human rights codes.
6. They can be appealed to and should especially be appealed to when the survival of a community or a State is at
stake.
7. Individuals can appeal to them in class actions, even when their own rights and interests are not directly
involved.
8. An international arbitration court can also initiate proceedings by itself.
9. Their executive power will be the international federation of local militias for the protection of human rights.
10. Their judgements may be appealed against. In such cases alternative arbitration courts must be agreed upon.
In cases of infringements of human rights, appeals may be lodged by anyone and at any time.
Appeals may also be made by referendums among the contending parties. But then the international courts'
judgement will only be considered as repealed when the majority of the members of the contesting parties have
voted against it.
A judgement of an international arbitration court will also be repealed whenever the international militia
federation declares itself against its execution with a large majority.
11. These courts will be financed by fees, voluntary contributions and fines imposed by them.
12. To make the judges independent from the governments or representatives of the contending communities, they
should be neither appointed by them nor recallable. In the beginning they will be elected by all member
organizations. Later they are to establish a self-maintaining and regulating corporation, like an independent
university.
12. Their courts are to be manned either by arbitrators whose communities are not involved or, equally, with
arbitrators from all those communities which are contending a case.
The above is only a rough draft and requires much work and discussion before it would be generally acceptable. But if we left it to government representatives to perfect it then the job might never get done.
When there are competing international arbitration systems then for cases between their members they would, naturally, have also to appoint in advance some of the other arbitration avenue.
Local Militias and International Militia Federation
Among the most important institutions of the future to protect basic rights, and, according to some, the most important and ultimate sovereign institution., will be the local militias of volunteers for the protection of human rights. They will be sworn in on human rights, elect and if necessary recall their officers, possess only rightful arms and owe military obedience only in the framework of human rights and the duty to resist wrongful orders. To protect world peace these local organizations will internationally federate. No more need be said here as details will be explained in Section VI.
What Principles of International Law Have to Be Included in the Constitutions?
a) The Faults of the Old International Law
Some constitutions, e.g. the fundamental law of the Federal Republic of Germany, contain already today a clause whereby the international law is part of the constitution and is even declared superior to any law passed under the constitution and even to the constitution itself.
If a good international law system existed, then one could only welcome attempts to establish it in this way. Otherwise, we would come to the situation where even constitutions which include and stress human rights would thereby recognize international law principles which directly contradict these rights.
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Unfortunately, today's international law exists largely only out of recommendations on the conduct of cold and hot wars:
"Under the concept of an international law as a right to engage in war, one cannot really think anything. For it would be a 'right" to determine what is right, not according to generally valid external laws, which limit the arbi-trariness of every individual, but, instead, according to one-sided maxims of coercion - unless one assumes that people with such convictions do not wrong each other if they eliminate each other in this way..." - Immanuel Kant, Eternal Peace.
The latter assumption is qualified by him somewhere else by the statement:
"One of the flaws of war is that it makes more bad people than it eliminates!"
Today's international law is superfluous and even harmful not only because it is pre-dominantly a law on warfare but also by recognising the sovereignty of territorial States. A critical remark by Immanuel Kant on this will be quoted later, in Section VI/4/8.
With the unlimited sovereignty of States today's international law acknowledges not only a "right" to engage arbitrarily in wars but also a "right" to conduct the so-called "own internal affairs" arbitrarily, using the own subjects as mere property and tools of a government, using them and abusing them as is considered necessary by the rulers. One of Ulrich von Beckerath's comments on national sovereignty was:
"One considers nations, i.e. mere concepts, as if they were real individuals. This they are not and thus they have not any rights of individuals. To speak of the 'independence' of nations is an abuse of the language."
While it is quite true that the own, inner or private affairs of an individual can hardly infringe the human rights of others, i.e. that they are as a rule of no concern to anyone else, infringements of rights are rather the rule when the "nation" or "the people" act. Thus only individuals have a claim to independence. Their independence can most completely develop in the framework of exterritorial and autonomous communities of volunteers. Their autonomy is not independent from that of the individuals constituting them but, due to their voluntary membership, leading to unanimous consent, is merely the sum of the independence of their voluntary members.
In future, when the concept of "internal affairs" has been properly revised, one will consider as "internal affairs" of States and exterritorial and autonomous communities of volunteers only those conditions and actions which do not infringe the human rights and natural rights of rational beings of the members - unless this is done with their individual consent. This consent is largely, but not exclusively, achieved by their decision either voluntarily to remain within or to secede from such an association.
Truman made this distinction during his presidency when he declared, in effect:
Whosoever infringes human rights anywhere in the world does thereby declare war against the whole world and must not be surprised when thereupon almost all people ally themselves against him and do not consider his actions as his 'own internal affairs'.
Today's concepts on "independence" and "inner affairs" of "nations" lead to the grotesque situation in which tyrants, in visits of "heads of States" are given special guards against tyrannicide, attempts are made to come to a lasting peaceful coexistence with them, and no direct negotiations with the people or nations suppressed by them, or with as many individuals as possible of them, are attempted at all or even permitted to anyone.
Other, rather obvious disadvantages of today's international law are:
It "protects" artificial frontiers and the "territorial integrity" they enclose, likewise "national waters" , now even expanding 200 miles into the open seas, and
it considers natural resources, whole countries and their populations as the property of governments.
It permits arbitrary restrictions on the international movement of goods, services and persons and provides for no effective steps against aggressive and oppressive Great Powers. (Blockades and boycotts harm the subjects much more than the rulers and fall under Voltaire's old saying: "Even the most miserable and weakest government is always still strong enough to bear the misery of its subjects with indifferent dignity." )
By infringing in this and other ways quite basic rights, today's international law is one of the causes of war.
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b) The New International Law, Based Essentially on Human Rights
The new international law must consist of or be based upon human rights and the natural rights of rational beings and will thus largely be a negation of the whole body of the old international law.
As prejudices on international affairs are deeply ingrained, such a general rule will not suffice. Thus an attempt is made here to shortly hint at the future lawful order between members of different exterritorial and autonomous communities and between them and the remaining States (which are then, in reality, due to the right of individuals to secede, also merely personal law communities of volunteers ):
* States and exterritorial and autonomous communities of volunteers are in future to be recognized only by the other communities if their constitution and laws are based on human rights and natural rights of rational beings - at least to the extent that they recognize a minimum number of rights of the own members, first among these the right of individuals to secede. Moreover, they must be based on unconditional respect for all the human rights and natural rights claimed and practised by members of other communities. (This in case where e.g., socialistic communities have renounced for themselves certain economic rights of individuals.)
* No State or community may realize by force of arms and towards the members of other communities anything that it claims to be right and proper but which goes outside the sphere of human and natural rights. They may only protect their own members in such actions among themselves.
* If any State or exterritorial and autonomous community of volunteers should deteriorate to the extent that its membership would no longer be based on individual consent then any other State or exterritorial and autonomous community of volunteers is authorised to undertake any measure to protect the fundamental rights of the members of such associations, the instigation of tyrannicide and revolution included. Such basic rights are, naturally, only to be protected when they are really suppressed, i.e. not in cases of voluntary renunciation from which individuals would be free to withdraw if they felt like it.
* No State or exterritorial and autonomous community of volunteers may exclude the members of any other community from settling and working in any territory and exploiting any natural resources, e.g. by considering certain continents, countries provinces or districts as its exclusive property. This does not apply to the privately held real estate of members. Access to natural monopoly goods is to be treated according to the principles of open cooperatives, which are discussed elsewhere.
* The so-called "prestige" or "honour" of a community is never to be considered as a justification for warlike actions.
* Presidents, ministers for external affairs, ambassadors and special envoys are never to have monopoly positions for negotiations and treaties with other communities.
* All international treaties are valid only for the signatories and this only if they are publicly concluded and sufficiently published afterwards. Secret diplomatic agreements are null and void.
* Federations of exterritorial and autonomous communities of volunteers and of States can only be established upon referendums. They apply only to those who approve of such federations and can at any time be repealed by further referendums. Individuals remain free to secede from such federations or join and establish other ones. Each of these would constitute only a personal law association.
* In all cases of doubt referring to procedure, form and usefulness, all human rights cases excepted, the following draft of a new international law should be consulted: Jerome Internoscia: New Code of International Law, International Code Company, N.Y., 1910.
Otherwise one can only hope that an international conference will soon provide a better draft of international law
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or that it will be juridically developed by the international arbitration courts agreed upon between the different communities.
c) Whose Laws Are to Apply in Cases of Arguments between Members of Different Protective Associations?
One precondition is that both communities recognize human and natural rights, at least those of the members of other communities (even if they do not respect all of them internally, with the consent of their voluntary members).
Secondly, as clashes between different court systems can be foreseen, agreements will be made on how to settle them. These will be somewhat guided by historical precedents. In some of these, the law of the accuser, in others the law of the defender was applied and in later stages mixed courts were often agreed upon.
E.g., German and French tribes lived, after the fall of the Roman Empire, for a long time in form of autonomous and exterritorial communities of volunteers, under personal laws, in one and the same territory. Members of up to 5 different legal systems lived peacefully side by side. They acquired their personal law either by birth, by marriage or by declaration before a judge. Under the Merovingians the law of the accused was applied. (Compare appendix 11/6.) The Ripuarian law declared in favour of the right of the accuser. In Egypt, towards the end of the 19th. century, mixed courts decided. In Marocco, between the Jewish, Arabic and European communities, until 1955, the law of the accused was applied.
I believe that the latter procedure has disadvantages. If the law of the accused is taken as decisive then, in case he acted in accordance with the own laws and only contrary to the laws of the accuser, then the accused, by his own lights, may not have committed an offence or may not have done so intentionally and the accuser could not sue him. But the accuser's rights had been infringed by an outsider, maliciously or unintentionally, perhaps only negligently. Ignorance of the offender with regard to the legal system of the victim of his actions (by the standards of the accuser) should not altogether excuse the accused. He had no right to presume that everyone else would be living under the same legal system as he does. Thus, even if he acted without any malicious intent, the charge against him should not be simply dismissed with reference to his own legal system. At least he is guilty of negligence by acting towards someone else without that person's consent, without regard to his "nationality" or "membership". If he had made certain of the other's membership, then the offence against the other's law might not have taken place. If it had taken place, afterwards, nevertheless, then the accused might also be accused of having acted in a totalitarian manner and that might be considered by all communities as a very serious offence.
On the other hand, one could say that if always only the law of the accuser would apply (the person whose rights or interests were infringed ), then all those would escape any penalty who committed an offence against a member of a community which does not penalise such offences. Would this be an evil if the victim does not feel offended against and thus does not make any accusation? "Where there is no claim, there is no judge!" In these cases one could only expect the own community of the offender to charge him with an offence, although not one towards a member of the own community. They might charge him with having infringed their "Golden Rule". But, quite obviously, this would no longer be an international case then. The community of the consenting victim (which may e.g., have more liberal sexual laws) might even invite the offender to join them. Thus it seems advisable to apply only the law of the accuser regarding actions not considered offensive by another community.
Now, let us assume that both communities involved consider an action criminal and both penalise it but unequally. In that instance, and in the interest of preserving peace and order between them, they might well come to agree that the higher penalty ought to be applied in cases between their members.
Instead, these protective volunteer associations or at least some of them might agree in advance upon mixed courts to decide arguments between their members.
Anyone who has seen how involved, doubtful and lengthy the rules and discussions between lawyers are today, on which territorial court has jurisdiction, will rather expect a simplification and shortening of the procedure from this
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fundamental legal reform than a further complication. Each will tend to get exactly the kind of legal system that he prefers, not only in internal relations but also in external relations. If one confederation or alliance of exterritorial and autonomous communities of volunteers would share one set of principles and practices for the settlement of their own international disputes and another group of such communities had, for their clashes among themselves adopted another set of principles and practices quite opposed to that of the former group, then, in cases of clashes between members of these different groups, they might, indeed, have to agree upon some kind of compromise to achieve juridical settlements, like the one on mixed courts.
There is a long history of consular jurisdiction in foreign countries which should always be consulted in such instances. Between the different new volunteer "nations" various contracts will be drawn up similar to the old "capitulations" agreed upon for the same purpose between otherwise sovereign and territorial States. (Compare e.g. the article on "capitulations" in the Encyclopaedia Britannica.)
Referendums
a) Why Is the Parliamentary Representative System on its own,
without the Possibility of Referendums, Insufficient?
Ulrich von Beckerath once said:
"The abolition of the threat of nuclear war through all concerned means the beginning of a new age,
a new political order, a new economic order, and even a new religion."
The responsibility for many decisions, for instance those on war and peace and whether nuclear weapons may be applied or ought to be destroyed, cannot be rightfully transferred.
During election campaigns, the most important issues, on which decisions have to be made after the elections, are often not mentioned at all or insufficiently discussed. Candidates rely on the short memory of most voters and catch votes with empty promises. If, later on, they are reminded of their promises then they can usually refer to a constitutional clause granting them independence from all instructions given them by their voters.
Moreover, due to party discipline, their utterances and actions in parliament are often no more than the reflection and repetition of those of a handful of party leaders.
The flood of tasks and functions which the parliamentary States have usurped in an almost complete disregard for human and natural rights, have led, of necessity, to the situation where important decisions are no longer made by all the 'representatives' of the people but only by some of them sitting in special parliamentary committees. These, due to their small size, are still more so than parliaments influenced by special interest lobbies. (A whole nation could not be bribed!)
For a voter it is often more difficult to determine whether a candidate would sufficiently represent his views or show a clearer understanding of the issues involved than to determine by himself a just settlement of particular problems. When parliamentary democracies were established, it was wrongly assumed that most voters would always be too ignorant to discuss and resolve upon just laws. Nevertheless, it was wrongly assumed that at the same time these same voters would be able and willing to elect representatives who would possess the talents which they themselves lacked. By now experience has shown that, as a rule, candidates are elected who are only in written and oral expression superior to their fellow citizens and who, with these gifts, work numerous common prejudices and errors into coercive laws. Even if, now and then, genuinely intelligent representatives are elected, they will soon have to bow to popular prejudices in order to have a chance for re-election. In this way we get enforced, by means of laws, whatever unreasonable citizens want to have realised, for irrational motives, no matter how much such measures contradict human and natural rights and with these also the "common good" and the rights and long term interests of the voters themselves. The "common will" in Rousseau's meaning: "that what all citizens (to the extent that they are reasonable) want", remains under this system a mere fiction.
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The parliamentary system (if practised exclusively or territorially) does not provide a way out of this dilemma. It contributes nothing to the enlightenment of citizens. It only increases their apathy and their statism. Debates in parliament do not even enlighten the members of parliament sufficiently because they are usually more interested in preserving and strengthening their position than in solving the problems under debate. The publication of their arguments through the moss media leads only to a further increase in the flood of misleading slogans, catchwords and misinterpreted statistics - which appeal to the ignorant majority.
b) Why and on what Subjects Should there Be Referendums?
Referendums are as much an aspect of the right to vote as the right to elect a representative into parliament. If national sovereignty is to be more than an empty or even misleading slogan, then it must include the opportunity for a people to decide by themselves and directly on their own fate.
Frequently conducted referendums could counteract government powers and could largely prevent their abuse. They would make it possible to act upon public opinion, even against the will of a government or the leaders of an exterritorial and autonomous community of volunteers, without having to mobilise the militia or to start a revo-lution or a large secession.
A referendum should be obligatory for all affairs touching the rights of all citizens, e.g.: decisions on war and peace, armament and disarmament, constitutional changes, tax increases and the use of large tax funds. They should also be obligatory on all important subjects not anticipated during the lost elections.
"The decision whether the defence force is to be armed with nuclear weapons or whether installations for the manufacture or use of such weapons should be allowed or whether one should be allied with powers armed with nuclear weapons, such decisions are not to be made by a president or prime minister, nor by a parliament, but, exclusively, by the people themselves. Such referendums should be carried out as soon as possible." - Ulrich von Beckerath
In all other matters referendums should be conducted as soon as a certain minimum number of citizens demand it (about 1-5 % of the electors). A referendum should, moreover, always be held whenever one fourths of the members of the local militias ask for it.
Referendums should not be prevented by demanding too large a number of supporters.
It could very well happen that a single citizen has a valuable proposal and few single citizens would have a chance or the ability to submit their ideas successfully to ten-thousands of their countrymen For this reason, proposals by single citizens, who were so far unknown, should require a much smaller number of supporters than e.g., proposals backed by large political movements.
As a result of such a reform, the parliaments of the future would largely be reduced to settling only comparatively trivial questions or questions where they are in obvious agreement with the overwhelming majority of all citizens.
Naturally, the moral limitations applying to parliamentary legislation, do also apply to referendums:
While a referendum may be rightfully and effectively used to widen the recognized sphere of individual liberty, no referendum may rightfully pass any law infringing any human right or natural right of rational beings.
The voluntary restriction of one's rights by unanimous consent, within one's volunteer community, is another matter.
The cheapest method to conduct a referendum appears to be the one applied in California. At the periodical elections, all new legislative proposals or law repeal proposals, are submitted simultaneously to the electors - after first having been discussed in the press and by other mass media.
It is part of the right to vote in referendums to conduct and participate in open air meetings. Such meetings can be large, public, and, nevertheless, very inexpensive for the organisers. No police power in the world has the right to make such popular assemblies or town meetings dependent upon its permission. Local militias would in future also guarantee this right.
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c) How Would the Introduction of Exterritorial and Autonomous Communities of Volunteers Affect Referendums?
With the introduction of exterritorial and autonomous communities of volunteers and the experimental freedom for tolerant social, economic and political experiments (which this reform implies), the concepts of a people or a nation and of a referendum among such a group, would obtain a new meaning. The groups forming on this basis, and those voluntarily remaining under the old constitutions, would be more homogeneous than today's States or peoples. The members of each would have largely the same interests (at least, in anarcho-capitalist communities, the common interest in leaving each other sufficiently alone). Often, they would have a similar background or stan-dard of education. Their discussions, before they arrive at a majority decision, would therefore tend to be less antagonistic, more thorough and objective - from their point of view.
There would thus be a much greater likelihood that their decisions would be just and useful for themselves - in accordance with their own values and standards. Instead of merely arriving at majority votes, they would often make unanimous decisions on the affairs of their own volunteer community.
In case of wrong decisions, only the voluntary members would have to suffer - and they, like the dissenters in this community, would remain free to secede from the group, e.g., over the issue decided by a referendum.
By means of the right of individuals to secede from a State (like from a church), the super powers would gradually be dissolved into smaller communities and this would also make it easier to initiate and carry out a referendum.
The number of new nations is already increasing all the time. But they are all still territorial and not personal law associations. It is interesting to speculate upon how many independent nations and communities we would have now if individual secessionism had already been practised by now for several decades.
The experimental freedom resulting from this basic constitutional change would be very instructive - as only the participants of an experiment would have to bear the costs and risks involved. Consequently, these experimenters would tend to become rather cautious. At the same time, the successful experiments, introduced first of all only among a few volunteers, as a result of unanimous referendum decisions among them, would much more rapidly persuade many of those among whom these volunteers live (legally and voluntarily segregated) than they could be persuaded even by the best and most logical - but merely theoretical - arguments. One action speaks louder than a thousand words.
Today and as a rule, wherever referendums are permitted, they are initiated only by parties or governments. Their slogan mongering doesn't enlighten the voters but confuses them still further. Their referendums do also attempt to impose a uniform system upon all, even the dissenters and fanatic enemies. Thus they awaken and increase antagonism. At most a compromise solution can be hoped for under the present conditions which, obviously, cannot fully satisfy anyone among the contenders. After the introduction of individual secessionism and exterritorial autonomy most party struggles and most parties would disappear and be replaced by mere propaganda, by practical demonstrations of alternative institutions by and for those desiring them, and by new and competing and fully autonomous exterritorial groups and communities of volunteers.
Admittedly, a majority decision against a not yet generally recognized human right could happen - especially in a community of not very well educated citizens. But such wrong decisions would tend to be less frequent than they are now and also less harmful. Each new measure would tend to be more discussed than it is now, and it could not be uniformly applied to non-members living in the same territory. Moreover, seeing that they would have to suffer the consequences alone and are living surrounded by sceptical neighbours who avoided their mistake, they could hardly help but learn from it soon and repeal this restriction in another referendum.
In extreme cases the local militias or their federation could be mobilised to protect basic rights of members against wrongful referendum decisions. Instance: Non-members might, in my opinion rightfully, interfere in favour of a child's right to life when its parents, as members of a community of Jehovah's Witnesses, would refuse to allow a
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blood transfusion to save the life of the child. But in most instances a physical intervention would not be required. A counter propaganda undertaken by the militia members of other communities, would usually suffice to prevent extremely wrong decisions or their realisation.
d) Are the People too Ignorant to Decide Rightfully in Referendums?
Obviously, in all questions to be decided by scholarship, the people, if they were wise enough, would not decide a question upon their own knowledge but rather consult some experts. This they do already to a large extent. Here the problem of disagreeing experts arises and majority decisions between them would not rationally decide a question, either. This dilemma can only be solved to a sufficient extent when the clients have free choice between the experts. Apart from this rational approach, all individuals have naturally the right to act upon their own ignorance and errors as long as they can do so only at their own expense and risk. This restriction would ensure that they would learn and fast at that.
When experts disagree and the rights and interests of others are involved, then some kind of international arbitration seems advisable. (Do hair spray cans affect the ozone layer around the earth? Do nuclear power plants endanger the lives or health of dissenters and their offspring? Does the fluoridation of water supplies endanger or promote health?) When there are no technological solutions permitting tolerance, then injunctions are in place and in case of doubt the viewpoints of those who are taking the long-term and more comprehensive view should take precedence when it comes to making a temporary decision, like an injunction. Most of these cases, which appear very involved, if one looks only into practical details and pro and con utilitarian arguments, become rather simple when one defines the basic rights of the parties involved, determines which of these rights are possibly threatened and then gives precedence to this moral aspect.
I do not believe that ignorance poses too great a problem here. (On the contrary, I see in frequent referendums a good educational institution!) Would there really be that many people who would want to submit questions which are lastly to be decided by scholarship and training, to majority decisions! Majorities are then much more likely to insist upon moratoriums until the questions are scientifically settled to an acceptable extent. I most cases, for instance, a single objecting voice among the scientists could be ignored - although, in the long run he might turn out to have been a misunderstood prophet. Perfection cannot be achieved here, either. We can at best only approach it.
Certainly, it is not an attractive aim to realize the will of an ignorant community. If, e.g., ordinary citizens, indoctrinated, ignorant, misled and prejudiced as they presently are, on most public affairs, were merely asked, without an extensive and prior public debate of the issue, for their opinions on a subject or problem, then they would, indeed, be rather replying on the same level only as their present representatives in parliament would. I would not expect them to offer answers which are still worse.
Thus we have to get away from mere opinion polls and turn referendums into educational enterprises or campaigns where every point of view gets a fair hearing. For optimum effects, referendums should take place only after there has been, for a considerable time, a completely free and public exchange of opinions on the subject in question. (Note, that some questions are so important, like war aims in a future war, that they ought to be decided by referendums long before it would ever come to a war!)
Only then can a sufficient exchange and spread of opinions take place. Under this condition alone applies the saying that individuals may be deceived forever, a few people may be deceived for a long time but all people cannot be deceived for long. If, and to the extent that this old saying is right, a direct democracy largely operated by referendums is superior to a representative democracy.
Not only must freedom of expression be unlimited as a right but there must also exist many opportunities for everyone to utter his opinions, if he wants to, before large audiences, or before specially interested listeners, without incurring prohibitive expenses. Thus there ought to be established many additional or new institutions of
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the following type:
a) meeting places in the open air, similar to the one in Hyde Park, London, in whiche veryone may attempt to spread his views free of charge,
b) public discussion centres in meeting rooms where every evening a few dozen interested citizens could be found to discuss political, economic, social or philosophical problems,
c) magazines whose speciality is to publicise proposals of so far unknown reformers and experts and to discuss them freely,
d) magazines which would advertise all public lectures, readings, discussion events etc. sufficiently well and long enough in advance, thus giving everyone who believes that he has something important to tell, a chance to reach almost all in a city who would like to listen to him.
As soon as such institutions - and a number of similar ones (see Section VII) are established, the people would inevitably enlighten themselves. Only under these conditions would the following remark by Immanuel Kant, in: "What is Enlightenment?" apply fully: 1
"But it is more nearly possible for a public to enlighten itself: this is even inevitable if only the public is given its freedom. For there will always be some people who think for themselves, even among the self-appointed guardians of the great mass who, after having thrown off the yoke of immaturity themselves, will spread about them the spirit of a reasonable estimate of their own value and of the need for every man to think for himself ... All that is required for this enlightenment is freedom; and particularly the least harmful of all that may be called freedom, namely, the freedom for man to make public use of his reason in all matters ... "
Primarily, the people should decide in all affairs touching on the basic rights of all members. Would they really need such a high standard of education for this purpose that most of them could not reach it? I assert that most citizens could obtain the required knowledge of human rights within a few days or at most a few weeks.
A referendum system, as well as a proper jury system (See on the latter Lysander Spooner, "Trial by Jury" and J. Toulmin Smith, "Local Self-Government and Centralisation", both reproduced in the PEACE PLANS series), tend to educate citizens by promoting opinion exchanges on acute questions.
The more referendums would take Place, the more would citizens learn to know and appreciate their rights and how to protect or realize them through further referendums - and other measures.
Machiavelli anticipated many objections against referendums when he said, in his "Discourse on the first Decade of Titus Livius' Roman History":
"The demands of free people are rarely dangerous to freedom because they arise either out of oppression or out of the fear of it. If such fears are unfounded then freedom of expression is a means against them. Let an honest man get up and point the error out to the people. Although the people are, as Tullius says, ignorant, nevertheless, they are able to feel the truth and easily give in if a trustworthy man advances it ... If one compares the intentions of the aristocrats with those of the common man, one will find in the one a great urge to dominate, in the other a larger inclination to remain free ... Thus, if the protection of freedom is rather entrusted to the common people, they will be more concerned with preserving it ... "
e) Would the People, Unenlightened as they still Are, at Present,
Come too Easily under the Influence of Demagogues?
Demagogues could, in future, be defeated by a simple means: All fallacies, distortions, misleading slogans, prejudices and popular errors on social, political and economic affairs could be collected, together with the best refutations and replies so far found, and then published, in alphabetical order, in an "Encyclopaedia of Popular Errors and their Best Refutations". With the aid of such a reference work even an ordinary citizen could , without special training, tackle the most skilled demagogues and ridicule them publicly. The time for demagogues would be over. (Details on this project can be found in Section VII.)
Moreover, the experience with referendums on constitutional and other questions, in the USA, Canada and Australia, most of all in Switzerland (where they take place even on questions of social security and the use of tax
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funds for public building projects), has demonstrated that the people are no less mature to decide such questions than their representatives in parliaments are. The Swiss people have been blamed for not having brought about a better financial system through referendums and for not showing a larger interest in voting. But, isn't this also characteristic for most parliamentarians? The party whips may succeed in driving members to vote - but usually they do not succeed in getting them to listen to and think about the debates. Even if they did - what could they learn from these, as a rule? (Carlyle somewhere asserted that no parliamentarian ever persuaded another. Perhaps the only exception to this rule was the successful campaign by Free Traders for the repeal of the Corn Laws? Alas, in the long run, even it was not successful enough. People, politicians included, tend to fall back into popular fallacies, errors and prejudices - unless these are systematically and permanently as well as publicly refuted by the best answers to them that are so far found. - J.Z., 10.12.02.)
Thus it is less the education standard of citizens and more the wording of the constitutions which obstructs the use of referendums in most "democratic" countries. Moreover, financial decisions need not and should not be made by formal parliamentary or referendum voting. Wherever the people are free to do so, they do already vote in the best possible way on such subjects: with their dollars, on the market.
f) Are Referendums Suitable only for Small States?
Postal votes and voting machines make referendums possible, easy and cheap even for large communities.
If this objection were true then it would be just one more reason for transforming excessively large States into federations of many small and largely independent communities. Judging by the inflation of the bureaucratic machinery of most States, they have long ago exceeded their optimum size. In each of the new smaller units, referendums might even be carried out in popular assemblies, like they were in the old-type town meetings.
Moreover, the "States" of the future will be exterritorial and autonomous communities of volunteers (otherwise there will be no future for man! See Peace Plans Nos. 16-17) and these could hardly exceed their optimum size due to the right of individuals to secede.
As for "required" strength: Federations of many small communities can well be much stronger than an oversized "united" nation. (Compare Section VI/4/6/b.)
9) Should the Local Militias by themselves or the Whole People Decide on War and Peace?
Any war concerns not only the rights and interests of the members of the militia. Thus it would be wrong to formally exclude other citizens from making this decision. On the other hand, the militia membership is open to anyone prepared to defend human rights and, in case of an acute defence crisis, the militia, especially its "On-The-Minute-Man" section, would be likely to be that important part of the people which would assemble first, be first among those properly informed on what has happened and would constitute a group of citizens which would have to make those first decisions which could not be postponed. Later, popular assemblies would be called and take place but they would be unlikely to differ in their decisions. If they did, they could hardly force the militia to fight or prevent it from fighting. They could merely use freedom of expression and negotiations and public opinion pressure to bring about an early armistice - unless they preferred to join the aggressor, a rather unlikely case.
Their move towards early peace negotiations is likely to have been anticipated by ideal militia forces whose only purpose is the defence of human rights.
Should militia forces ever deteriorate to the extent that they would intentionally fight for the suppression of human rights (very unlikely if the study of human rights is an important part of their training), then the other citizens would have failed as well in their duty to prevent such a deterioration, either by enlightenment efforts, or by joining and expelling certain members, etc. They would then be in the same situation as they are today, under a military dictatorship, and would have to create anew, as we ought today, a citizen army whose sole purpose would be the protection of human rights and the natural rights of rational beings, and which is trained, armed and organised in accordance with this aim. Not only is such a deterioration of the militia unlikely to occur (because of its human rights commitment and practice) but if it should occur, it would not occur in all units at once. The first criminal local militia forces would inevitably have all other military forces as their enemies and would be rendered harmless in a short time.
Thus a general referendum on war and peace would apply mainly towards standing armies, as long as these dangerous institutions still exist - and even today the military power in democratic states is supposedly already strictly subordinated to the civil one.
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Almost as important as the people's decision making power on war and peace would be a referendum resolving that all atomic, chemical and bacteriological weapons, as well as their places of manufacture and storage, be destroyed by or under the super-vision of the militia forces. Combined, these two referendums would do away with the intolerable state of affairs in which a handful of men (and certainly not the best) may decide whether mankind is to survive or not. Each of these men may at present start an atomic war when drunk or otherwise intoxicated, after a nervous breakdown, in a suicidal mood, just before he would otherwise be overthrown, after a prolonged period of sleeplessness with an accompanying mental breakdown (common during an acute world crisis) or as a result of an error of judgement, due e.g. to a wrong interpretation of a radar image.
Arbitration Courts
Why and to what Extent Should the Sphere of Private Arbitration Be Enlarged?
As a consequence of the establishment of exterritorial and autonomous communities of volunteers, a large number of private arbitration courts will be set up with jurisdiction also on the varied crimes acts applied.
Moreover, citizens who prefer arbitration courts to the present courts and who would not be conceded their requirements within the framework of their old political associations, might merely for this reason secede from them and join volunteer associations which would provide such a service. Some of the new volunteer communities will also offer their own communal juridical avenue. They would apply to all those members who have made no arrangements to have their arguments settled by one or the other arbitration court system operating in the market.
It seems largely unnecessary to talk about the usefulness and value of arbitration courts, seeing how extensively they have already been realized and are used in private matters. Insurance companies agree upon them, they exist within and between stock exchanges, settle race course arguments etc. etc. Often they and their principles have been so successful that they have been coopted by governments, passing laws on them and turning them into State Courts which remain arbitration courts and part of voluntary jurisdiction only by name.
However, there is still a sharp distinction preventing the natural growth of private arbitration courts today: In all criminal actions and all matters which involved the so-called "public interest", as defined by bureaucrats, the contending parties are usually forced to submit to court avenues imposed by the government or provided by it. Since the "public interest" or "common good" has never been satisfactorily defined but, rather, wilfully left vague and nebulous so that under the camouflage of these slogan-names one could commit almost any kind of crime, these terms seem quite unsuitable as a basis for a machinery to promote justice.
Other legal concepts or prejudices have likewise led to the present situation where something as difficult and sensitive as the achievement of justice has been handed over to the tender ministrations of bureaucrats applying bureaucratic laws through bureaucratic institutions. For instance: "Special courts are not permitted." and: "Everyone is given a "right" to his "lawful" judge.
Uniform legislation and jurisdiction is considered necessary so much so that the corresponding institutions have been given vast monopoly powers, within a territorial State framework.
It has been widely assumed, as requiring no proof at all, that private judges would always abuse their position - while bureaucratic ones, supposedly, would not.
One generalised the principle, taken from bitter experience, that in case of severe differences of opinion no one should be the judge in his own case. From this does by no means follow that only the State could provide a just judge.
The other stated or unstated assumption is that "naturally", one could not leave jurisdiction to free competition!
All objections against special courts become invalid when considering that arbitration courts or arbitrators are agreed upon by all the parties involved, preferably long in advance.
These courts or judges will, naturally, not apply - apart from human rights principles - uniform laws but the varied laws of the different autonomous and exterritorial personal law associations of volunteers. It should, have been self-evident long ago that, anyhow, the uniformity of jurisdiction is much less important than the achievement of just decisions.
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Moreover, within these volunteer communities there will be more agreement and uniformity than within the present States. Court decisions among people of the same persuasion will be much more in accordance with their ideas of just settlements than present court decisions are in the eyes of the participants and observing citizens.
The present system of jurisdiction, centralised, monopolised, imposed, more or less practised only by a single court with many local sub-branches, brings only the tendency towards more uniform judgements (Even this is not really the case. Vast inconsistencies can be observed everywhere.) but definitely not the tendency to achieve closer approximations to justice. On the contrary, due to the monopolism, centralism and coercion involved, any wrong decision made at the highest level tends to become perpetuated for decades.
Why should private judges abuse their position more than the present public ones? They are not tied to government policies, like their present counter-parts are, through the minister of justice and the attorney general. They would fast lose their clients or contracts or position in case they abused whatever powers they have been temporarily given. In some communities these judges would be subject to recall.
In most communities, where people almost unanimously agree on certain principles and practices of justice, they would be among the foremost champions of justice and correspondingly popular.
The principle that no one should be the judge in his own case is also realized through arbitration courts. But it will not be leading to something like the present condition, in which a judge who may be distrusted not only by one but by all the parties involved, has nevertheless absolute jurisdiction over them. Arbitration court judges will tend to be trusted by all participants and will also be more likely to be familiar with the affairs and special situations of the parties involved.
The foremost experts in certain fields might then often become at least part-time and freely chosen arbitration court judges.
What qualifications and special knowledge have most of today's judges to offer? Knowledge of the existing law, of court procedures and of precedents is certainly not enough when not accompanied with knowledge of the present world, its details and specialisations and knowledge of the relationships possible between free human beings.
Jurisdiction should not be left to free competition? Why not? How otherwise could one achieve either cheap or fast or high quality jurisdiction? It is the responsibility of apologists of the present system to defend the juridical monopoly. Those who defend liberty, even in the juridical sphere, do not have to justify themselves before the enemies of liberty.
Would there be special military courts in future? Only if the militias would establish them. If they were established by local militias and their judges, like their militia officers, would be elected for their special knowledge of human rights and how to protect them, then it could happen that many citizens would, after a while, hire these courts also to decide on their private affairs.
What other or similar advantages would arbitration courts and other competitive private courts have to offer? One can save oneself a detailed enumeration if one has some knowledge of today's courts, their procedures and judgements and if one realises that it is up to those who agree upon arbitration courts between themselves, to pre-fer whatever kind of arbitration or juridical system they like.
Some Disadvantages of today's Monopolistic and Statist Jurisdiction
The dependence of judges upon the minister of justice and thereupon the government and its current party politics, is already so large that one can no longer speak of a completely independent jurisdiction, at least not regarding offences committed by our rulers themselves in contradiction to the laws they have passed or through them. Only a small fraction of these crimes ever come to light, or soon enough, or are properly judged. On this the Protestant Bishop of Berlin, Dibelius, remarked in his work "Grenzen des Staates" (Limits of the State, (a worthy continuation of the famous work by Wilhelm von Humboldt), published 1949 by Furche, Tuebingen, Germany, but not yet translated into English, as far as I know:
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"Here is a serious problem: Todays State acts as if its laws were something'high and holy, so that everybody has to rise when the judge enters the court and statements before a court are made under ceremonial oaths and yet, when it concerns the State itself and its political interests, it cold-bloodedly ignores the law, externally as well as internally ... One has to realize that the Law will lose its power and authority when those handling it ignore it even in a single point in their own interest ... The consequence is that the law, even in a so-called lawful State, is in exactly the same position as in a totalitarian State and that each juridical ruling is under the suspicion of being an enactment of political power and not an attempt to realize a law which stands apart from man's arbitrariness, with all the objectivity that can be practised. How can one counter this dissolution of moral consciousness within a nation? This can only be done by making jurisdiction independent of the power of the State. Such independence existed formerly in most countries and, in principle and as a rule it exists even today. But it must be realized under present conditions with much greater certainty and clarity."
As stated before, most members of the legal professions have received only a formal training although for the most varied kinds of contests the same court avenue is prescribed. Consequently, most judges do not possess the factual knowledge required to decide many of the cases coming before them.
One of the worst features of the present system is that most judges are either ignorant of or prejudiced against individual human rights and trained only to apply, as accurately as possible to them, the letter of the law, no matter how wrongful the law itself might be,
"in the manner of typical lawyers (of the profession, not of legislation) when they proceed politically. As it is not their business to reason on the legislation itself but merely to execute the present instructions of the law, any now existing legal situation - and, if this is changed by higher authorities, then the following - is always the best for them and thus everything is for them in its proper mechanical order ..." - Immanuel Kant
The salutary influence of competition is missing in today's jurisdiction.
The judges have almost no influence at all upon the repeal or amendment of bad laws although they are among the first to notice the evil effects of bad laws.
Present courts have also often too many opportunities to exclude the public precisely when it would be desirable as a controlling factor.
The courts of many countries are also filled with judges who have one or the other totalitarian or intolerant tendency and make correspondingly bad decisions.
Their sentences are for similar cases much too varied and often much too mild and forgiving to be just.
Sometimes they argue more about which particular courts is responsible for a certain case than about the case itself.
Corruption of judges has in some countries become so common that a half-serious proposal was made to dismiss summarily all charges against people with an income of over $ 100,000 per year, seeing that they would hardly ever convicted. The saying that there are two laws, one for the rich and one for the poor, is widely believed in many countries and not altogether without reasons.
Justice is not only frequently denied but, even when it is granted, it is unnecessarily delayed and made excessively expensive. The only ones whose interests are, as a rule, well taken care of in court proceedings, financially and otherwise, are the lawyers and the officers of the courts. The accuser, the accused and the witnesses are the disadvantaged ones. The agents and servants have largely become the masters.
Admittedly, there is frequently also a lot of unjustified distrust against the State's courts, even when they try to do their best quite honestly. If the same actions were undertaken and the same decisions made, instead, by agreed upon arbitrators, then most of this distrust would probably cease. As it is, the decision of the present courts is often imposed and not asked for. That can make all the difference regarding its acceptance. Who would want his affairs decided upon by appointed strangers, often more or less anonymous public servants? The only justification for this would be necessity. There is no need to impose jurisdiction when people are able and willing to agree upon arbitration in advance or from case to case. Arbitrators can as well or better decide upon basic rights and special contracts.
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Some General Rules for Arbitration Courts
Arbitrators should not be tied to the letter of a law or a contract. Instead, they should be authorised to deviate from these texts, seeking out rather the original intentions of the law makers or contractors, as long as they make their judgements public and state their reasons at sufficient length. The judges of the old German tribes were for a long time not bound by the law of the land and Islamic judges were bound only by the Koran.
Sentences of arbitration courts when infringing human rights or natural rights of rational beings (i.e., not those of convicted violent criminals etc.) are to be considered as null and void - unless they are freely accepted by all those involved. If necessary, the militia will prevent their execution and initiate new proceedings. If any arbitrator is in doubt on the rightfulness or usefulness of any law or contract then he should communicate his doubts to a higher court, asking it to decide the case, and he should also publicise his doubts.
If he considers any law as wrong or senseless then he should submit repeal or amendment proposals.
(I am all too aware that the above contains only some hints towards what is wrong and what is possible, does do no justice to the tradition of private arbitration and does not mention the great variety of private arbitration proposals made. But I am willing to rectify this omission through special Peace Plans issues on private arbitration - if sufficient photo-ready and non-copyrighted (for microfiche reproduction) material is submitted.
Recall of Officials
"Don't you know with how little wisdom this world is governed?" - Axel Oxenstierna
Every election of a parliamentary representative or appointment of a public servant is a kind of authorisation by the citizens in a democracy. Like any other authorisation, this also should be withdrawable at any time and without having to state any reasons. This would be a minimum requirement to prevent the abuse of transferred powers and responsibilities.
Thus a certain number or percentage of votes should suffice for the recall of any representative, member of parliament or civil servant. This is rendered today somewhat difficult by the fact that our democratic State system is largely governed by political parties, whose members are under party discipline. Under this condition a by-election would be required in every such case. Otherwise, already a small percentage of the voters could already recall an official, a percentage which without partisan spirit might already be quite representative of the general population but which, under the party system, would almost certainly be abused by the party in opposition against officials of the ruling party.
To require that all voters in a district make the recall decision on an official has the drawback that the majority of them does not know the official concerned from their own experience, had therefore no chance to form a sufficient judgement on him and may not be sufficiently interested in his recall, either. Consequently, even where the recall option has already been introduced, e.g. in many States of the USA, recalls are much less frequent than they should be and many incapable, arbitrary or corrupt officials remain safe from recalls.
This situation would be changed with the introduction of the right of individuals to secede. The social structures then arising or remaining would essentially consist only among people with common convictions or beliefs. Then no difficulties would arise if already a relatively small number of the members would suffice to recall an official. (Court proceedings for crimes committed while in office will also become usual in such communities - and precisely for this reason such offences will become relatively rare in them.)
In order to avoid the trouble of new elections, which might become due after too many recalls took place, it has been suggested that already when someone is appointed or elected to office, a stand-by official should be appointed or elected at the same time. This reserve man should get the office of the recalled position and would, in the
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meantime, act as a self-interested watchdog who could also and by himself initiate recall proceedings.
Soldiers of the present armed forces and members of the future militias, as well as policemen and other public servants, should also have a right to recall their superiors - at least in certain cases to be defined. As long as universities are still run and financed as at present, the students should also have the right to recall inferior lecturers. (Under a free market system they could hire or fire them anyhow - simply by either paying their fees and attending or by transferring their custom to others.)
Police Forces
As long as there will be crime after the introduction of these and related reforms (How much their number would be reduced was indicated in PEACE PLANS No. 15, plan 241.), some police forces will be required to counteract them to some extent. Freedom for self-help measures would go a long way but would not make professional crime fighters altogether superfluous.
It is also true that the militia forces will take over some of the rightful functions so far carried out (or ignored) by the police, like e.g., the protection of freedom of assembly and the protection of property during riots. But, most likely, many other cases will remain, which should be dealt with by specialists, by hired professionals and their supporting organizations.
Consequently, some exterritorial and autonomous communities of volunteers will set-up their own police forces, like the Foreign Concessions did, for instance, in China, under the extraterritoriality treaties. (These were, alas, more often than not unequal rather than equal rights treaties. If they had granted equal exterritorial rights to Chinese people in foreign countries, then they would not have become as unpopular as they did. However, at the same time all the prejudices of territorial nationalism did also become popular in China.).
Others will prefer to cope without official police forces and let their members hire whatever protective agency services they require, on the free market. Naturally, they would lay no obstacles in the way of protective and just actions of agencies like Scotland Yard and the Pinkertons.
Other communities will insist that all of their members join one or the other insurance company which would, with part of the premiums paid, maintain sufficient police forces.
Abuses of such freedom by these competing police forces would be rather rare.
Their functions would be rather limited. Their funds would depend on fees from or contracts with satisfied customers. They themselves could be sued and punished for wrongful actions. Militia forces would form a counterbalance and safety valve. They would, most likely, all be sworn in to defend human rights. Their customers would be much more aware of their rights and much more jealous of them - and would often also be armed and organised. Most important of all, by means of individual secessionism, any kind of police State could be deflated.
Penal Institutions
The State is not necessary to pass laws, to administer them, to judge adherence to them or to police them. Neither is it necessary for the execution of penal sentences by private and competing courts, no more so than a world state is necessary today to carry out sentences for crimes committed by criminals who have crossed a national border. Referrals to penal institutions will be part of the arbitration system hinted at above. Few of the new and competing penal institutions will be as charitably subsidised at the expense of crime victims and the general tax payers as the present State institutions are. As a rule they will have to pay their way. Today prisoners are, as a rule, not permitted to do productive work, due to union opposition, particularly in times of unemployment (inevitably following the government's economic interventionism) and even if this opposition disappeared, public servants, as public servants, are rarely able to organise the work of convicts in a truly profitable way, nor have they any incentive to try to do so. Thus prisoners receive only a pocket money and work correspondingly little.
If prisons were run as productive cooperatives by prison officers alone, then, human nature being what it is, the inmates might in many cases be exploited like slaves.
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Some form of control by the public would be required - a control which would not threaten with another bureaucratic mismanagement. This could be organised through the economic and legal form of open cooperatives according to Theodor Hertzka's model. Interested members of the public could join them, at least as voting members, to prevent abuses.
Some of the obvious deductions which should be made from the earnings of convicts are the following:
a) Their own support and that of their guards and the prison administration.
b) Support for inmates incapable to work.
c) Maintenance for their dependents.
d) Instalments towards their indemnification obligation. (Here the principle of collective responsibility for all crime
damages can to some extent be rightfully applied to all convicted criminals - rather than tacitly to all crime
victims and taxpayers, as happens now.)
e) Some forced savings for the time after their discharge.
What would remain would be a pocket money and incentive payments from which they could pay for some small luxuries - after they have paid their weekly debt instalments.
Only few occupations should be closed to them, e.g. the manufacture of weapons, explosives and poisons.
Workshy types could be forced by certain disciplinary measures to pay at least their monetary debts to society out of the proceeds from their work. They could give in to their work-shyness only with regard to their little luxuries - if they want to do without them. Part of this discipline could be a self-imposed one, resulting from properly organized group work in which the group as such is rewarded for work and in which it is up to the group to see that its members pull their weight. Another kind of non-violent but very effective disciplinary measure would be to cut off every service now normally offered free of charge, including even water and sewage service. Prisoners, who otherwise could continue a passive resistance and hunger strike for weeks, would give-in within days when such means are used to induce self-responsible behaviour, meaning here: self-supportive work and work to pay off their debts.
If they are unwilling to pay for themselves, their dependants and their victims, why should anyone else be willing to pay for them any expenditure?
Humanitarians, who would protest should be invited to take over the full costs of supporting such prisoners, their dependants and of the indemnification of their victims. I doubt that their "humanitarianism", which appears only to extend to the offenders, not to their victims, would last long under such circumstances.
This subject is discussed at considerable length in Peace Plans 13 and 14 and will receive a full length treatment in a future Peace Plans issue.
Conclusion
From the above follows that the State is not required to protect human rights and the natural rights of rational beings. On the contrary, towards most other States and their citizens it continuously offends against these rights and also against most of the minorities within its territory. Thus, I hold, one can no longer argue that we have to retain governments and the danger of war and despotism which they bring with them just because we would need them for the protection of rights within the territory of the State. The territorial State is, even in this respect, an outdated, wrongful and severely flawed institution, one which should be replaced by protective organizations of the above described kind.
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PART ONE
B) INSTITUTIONS
SECTION IV
WHAT NEW ECONOMIC INSTITUTIONS ARE TO BE ESTABLISHED
UPON THE ABOVE ECONOMIC RIGHTS?
"The mistake whereby men sin most of all is
to be satisfied with general views and not to try
to form a clear judgement on all things
for which one is somewhat responsible."
- King Frederic II: Ueber die Maersche einer Armee
(On the Marches of an Army)
MAIN SUBDIVISIONS
1. Private Banks of Issue which Issue Goods Warrants etc., instead of the Banknotes of the Old Kind
2. Paper Money without Legal Tender but with Tax Foundation
3. Gold Clearing Currency within a Free Market for Gold and other Metals which Can Serve as Standard of Value
and as Means of Payment
4. Free Trade System, Introduced by Free Ports and Free Trade Zones
5. Productive Cooperatives
6. Open Cooperatives according to Theodor Hertzka, to Abolish the Monopoly Position of those Natural
Monopolies which Do not Deserve Recognition
7. Free and Private Building and Housing Market
8. Private Social Insurance Corporations
9. Free and Private Exchanges
10. Voluntary Taxation
11. Unemployment "Insurance"
12. Employment Agencies
13. Private and Competitive Transport Services
14. Private and Competitive Energy Supply
15. Private Postal Services
16. Private Water Works
17. Private Garbage Removal
18. Local Federations of Exterritorial and Autonomous Communities
19. Summary of Section IV
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Introduction
Cardinal Richelieu wrote in his testament:
"If the people were wealthy they could not be easily kept within legal limits."
In other words: The more a person becomes a proprietor, the less he remains the property or subject of someone else.
Once the here proposed economic reforms are realized in the Soviet Union and in Red China, then such an economic well-being would result that the communists could no longer remain in the saddle. The communist regimes will have to imitate these radical economic reforms, which should be demonstrated first by the West, if they do not want to fall too far behind, even militarily, due to their backwards economic development.
Moreover, this kind of free economic relations without any exploitation, practically demonstrated on a large scale, will achieve what the communists only promised and will deprive them of their ideological base and opportunities for propaganda. In peace time we would then welcome millions of refugees who would help us to increase our wealth by a further division of labour and in wartime we could offer all deserters from the communist regime's conscript armies : personal freedom, well paid jobs and also the same freedom and well-being for their native country once the war is over. Thus they would act towards us rather as friends and allies than as enemies. More on this in Sections V and VI.
IV/1:
Private Banks of Issue which Issue Goods Warrants etc. instead of the Banknotes of the Old Kind
"The stocks in stores and shops are the true working capital of any country."
- Ulrich von Beckerath
1/1 Definition of Goods Warrants
Under goods warrant is here not understood a certified claim to a certain product but. instead, a typified and standardised certificate, in money denominations, which offers the option to buy with it goods and services, up to its stated value, in one or an association of retail shops.
1/2 Purpose of Goods Warrants
They are a means of payment for all those who are not sufficiently supplied with means of exchange by the present central note-issuing banks. They are to help end mass unemployment, emergency sales prices, deflated wages and inflation.
They are to make workers and employers independent of the banks and of the money and currency policy of governments.
Whosoever employs them intelligently does not have to be afraid any longer of a monetary crisis, of usury or the bailiff (in case his business is fundamentally sound).
Then, in effect, the debtor will pay with his services while the creditor is put into the same position as if he had been paid in the currency of the country.
They are to facilitate the sale of all goods and all services, including labour. To the same extent that the members of an issue and payment community circulate their goods & services warrants, they do supply themselves automatically with sales for their goods and orders for their labour. It is much easier to circulate such warrants than to sell one's goods or labour for a monopolised currency kept in short supply. (Such currencies are in short supply even when inflated. Extreme instance: stagflation.)
Thus the goods warrant system means an end to the struggle for sales, markets and jobs and does, quite by the way, save a great deal of today's costs of advertising goods, services and labour.
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Among other things, the issue of goods warrants will make it possible to finance revolutions of the suppressed peoples and would permit to integrate, within 24 hours, millions of deserters from the Russian and Chinese armed forces, as free labourers or cooperators in the process of production. Thereby it could either prevent or cut short World War III.
1/3 General Notes on the Foundation of Means of Payment
"Means of payment, in order to be able to circulate without resistance, must either embody a generally desired value in themselves or must be subject to compulsory acceptance at their nominal value in at least one place. This location must be within easy reach of the holder of the certificate. It must, furthermore, be prepared, at any time (within shopping hours) to sell goods or services in return for the certificates. These must either be consumer goods daily required or must form, together with the goods or services offered by the other acceptors of the goods warrants, a total offer that in size and composition corresponds to the law of large numbers and averages. Thus, for instances, the services of a lawyer must also be offered for the redemption of goods warrants (or they can serve in this way) although they are, strictly speaking, not consumer goods in daily demand by everybody. But, according to the law of large numbers, among a large number of bearers of goods warrants, there are certainly also some to be found who need the services of lawyers." - Ulrich von Beckerath
State paper money does not form an exception to this rule. It possesses tax foundation, i.e. one can pay taxes with it or, otherwise expressed, one can buy tax-receipts with them. (Something that is, unfortunately, in our society a valuable possession, for what is likely to happen to you if you do not cover yourself in this way?)
1/4 Shop-, Debt - and Acceptance Foundation as cover
- instead of a Metallic Redemption Fund
"Warehouses and retail stores are, apart from other reasons, very suitable for making a beginning with the issue of goods warrants, because their stocks are, indeed, in every country, the true working capital. Every banknote, even when issued by a central note-issuing bank with a very large gold reserve, would suffer an immediate discount if department stores and shops would no longer accept such banknotes. Truly, under present conditions, banknotes are to be considered as no more than assignments to the stocks in the shops. Every goods warrant system must take this fact into consideration and every issuing centre for goods warrants must come to some or the other agreement with warehouses, department stores and retail shops." - Ulrich von Beckerath
All members and debtors of the bank of associated retailers, especially the individual shops and employers, must oblige themselves to accept the goods warrants from everybody, any time, in any amount, in all payments which are due to them, in the same way as they would accept cash, i.e. at the same nominal or face value. There-upon, many other persons and enterprises, especially the debtors of those listed above, will also and voluntarily declare themselves prepared to accept the goods warrants.
This readiness to accept of the issuer and his debtors, based on their obligations and their own advantage, will replace the redemption fund. The readiness to accept the goods warrants in shops means that instead of a redemption fund of rare metal coins, the required consumer goods themselves and directly are made available for these certificates, no matter when and by whom they are presented.
Since each shop requires a certain time for the turnover of its stocks and because the goods warrants of each issue shall circulate only for a relatively short period, loans in goods warrants, based on the stocks ready for sale in the shops, shall initially be granted at most in amounts equivalent to half of the value of the stocks in the stores. The slower the turnover of particular shops is, the lower should be the percentage of the total value of the stocks which is to be recognized as a cover for the issue of goods warrants.
For the issuing centre itself, the cover for the goods warrants it has lent out, consists in short-term claims against its debtors, especially against the shops and manufacturers (employers).
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The individual retail shop's readiness to accept the goods warrants of the bank of his association of retailers, must go beyond the amount of his own indebtedness to the bank - for the bank, in the interest of all its members, i.e. to promote their sales, will grant short-term wage-payment credits to employers, credits which are lastly based on the stocks in the associated shops. As a cooperative member of the associated retailer's bank of issue, he will have an influence on the granting of such credits. Whatever "surplus" of goods warrants he receives in this way, i.e., the amounts he does not have to use to repay his debts to this bank, he will have to use to restock his store. He could do this directly by purchases from his wholesalers but will, in practice and mostly, simply establish a current account with these goods warrants at this bank of associated retailers. Then he can draw cheques against his credit thus established and pay his wholesalers with them. The wholesaler in this process will present the cheque to the retailer's bank for clearing against the claim of an employer against him (his own IOU, for instance, which he used to pay for a delivery of goods from that employer). This claim of the employer will usually be the kind of security upon which the shop association bank has originally granted a wage payment credit. With its clearing against the cheque of the wholesaler (which represents returned goods warrants), the circulation is closed. More on this will be said in later sections and can be found in PEACE PLANS Nos. 9-11. The circuits and possible circulation channels of goods warrants are perhaps best graphically demonstrated - as was done in PEACE PLANS No. 41.
1/5 Currency Unit (Standard of Value)
Until a free market for gold and other rare metals is established - which would allow to price out all goods and services in gold weight units, the goods warrants will merely express the currency units of the country in which they are issued. But they will in no way promise a redemption in such units.
After freedom in the choice of value standards is also introduced and made practical, e.g., by a free market for gold coins and bullion and for other rare metals, the goods warrants will express their value e.g., in weight units of fine gold. The corresponding part of the goods warrants texts would then run somewhat like this:
"This goods warrant is accepted by the shop association .......
like 5 grams of fine gold (in a typified and certified gold coin form)
if it is offered in any purchase as a means of payment."
1/6 Gold Market, Gold Coin Circulation and Discount of Goods Warrants
The circulation of gold pieces will not be prohibited at all. On the contrary, completely free transactions with gold are essential for the proper functioning of the goods warrants system. The more gold coins circulate the easier will the goods warrants (private notes, purchasing orders, claims, clearing notes, token money, scrip, transport tickets, or whatever one may call them) suffer a discount - whenever the least mistake is made in their issue. This rapid indication of failure is, like pain in the body or a rise in body temperature, an essential indication for the maintenance of a healthy circulation of private exchange media.
The media will be sound and widely accepted only if they are issued so well that they circulate at par with their nominal value. Wrong issues must be temporarily stopped or altogether fail as soon as possible. Good money must be free to drive out the bad.
1/7 Goods Warrants Must not Possess Legal Tender
"Legal tender is an especially low type of despotism."
The goods warrants shall not be subject to a general compulsory acceptance or to a forced value. (Both, in combination, constitute what has been understated as "legal tender".) Only the issuer and his debtors must accept them at any time at their nominal value. Thus, in the general market, the goods warrants may be freely offered,
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accepted or refused, they may stand at par with their nominal gold weight value, circulate even at a premium or suffer a discount (and be consequently accepted only by a few, if anyone - apart from the issuer and his debtors).
Thus an over-issue which would lead to a general price increase, i.e. an inflation, cannot be caused by these certificates. It is impossible to put exchange media without legal tender into circulation in excessive quantities because a discount would form very rapidly and they would consequently, become immediately and widely refused or correspondingly discounted in general circulation. Thus, without legal tender one cannot inflate a currency, even with the worst intentions. (The worst intentions are indicated by the insistence upon the continuance of legal tender - under all kinds of superficial pretences. For a more thorough but not yet comprehensive discussion of Legal Tender see PEACE PLANS No. 19A.)
On those who cannot imagine any other money than legal tender paper money, Karl Marx remarked, in his "Kritik der politischen Oekonomie" (Critique of Political Economy), which was first published in 1859 and which Marx called, in 1858, the fruit of 15 years of economic studies:
"... observers who studied the phenomena of money circulation exclusively on the examples of the circulation of legal tender paper money, had to overlook the inherent laws of monetary circulation."
From page 129 of the Dietz, Berlin, 1951 edition. A similar passage can be found on p. 184 of this edition.
(Let's give even "the Devil his due"! Even Marx was not always wrong in all his observations, however flawed his ideology & proposals are as a whole. - J.Z., 10.12.02.)
1/8 Limited Validity or Circulation Period of the Goods Warrants
Goods warrants should possess only a limited circulation period of about 3 months during which their value would remain unchanged.
This would assure the reflux of these certificates to the issuing centre and would thus prevent the hoarding of this kind of paper money much more effectively than could be achieved e.g. by the weekly affixation of stamps as suggested by the money reformer Silvio Gesell. No additional administrative labour would be required as it would be just a time limit compared to that of the statute of limitations.
The limited validity of these goods warrants would correspond to the limited durability of the goods and services that are ready for sale. A clearly recognisable impression on each certificate must point out the end of this period.
Under normal circumstances almost all certificates will have returned to the issuing centre long before this period has expired
Nevertheless, one has to decide what should happen with the few goods warrants which have not returned to the issuing centre within the prescribed period. (This does naturally not refer to those kept by collectors.) Various shop association banks will have different rulings on this:
a) One possibility would be to declare these certificates as completely invalid, like forfeited theatre tickets, railway tickets or postage stamps and to altogether refuse their acceptance.
b) Alternatively, the issuing centre could accept such certificates still - with a discount. Thereupon even the shops might still accept these notes at their nominal value - but only in payment for otherwise hard to sell goods. Otherwise, the shops might also accept these notes only at a discount, letting the bearer suffer the loss, or they would refer him to the issuing centre. The issuing centre then might exchange these warrants, at a discount, against those amounts of other cash which it received from the shops in amortisation of the shops' debts, in place of the goods warrants which were returned too late. If a discount is offered, it could be further increased after more time has elapsed, to provide a further incentive to return the certificates before they become altogether valueless.
c) Another option would be the establishment of a credit with such certificates over which the holders could dispose only at the discretion of the shops or banks granting this account.
d) Overdue certificates might also be considered as acceptable for the establishment of long-term deposits.
e) One exception in which the issuing centre should still accept these invalid certificates at their nominal value would be the payment of old debts, which were due before the goods warrants became invalid. Overdue debts of third parties could also be paid in this way. Thereupon, after fees are deducted, the claim of the bank against such debtors would be transferred to the one who paid in the overdue certificates.
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From time to time the issuing centres would make announcements on the disposal of such certificates.
The debtors of the issuing centre must also be obliged to immediately cancel the goods warrants, clearing certificates etc. they receive, either in the presence of the one who makes the payment to them or as soon as they have received the payment, e.g. by mail. Moreover, they have to use these cancelled certificates as soon as practicable for the repayment of their debt to the issuing centre.
The same applies to any amounts of these certificates which go beyond the sum of their debts. The customers are not aware whether they are still debtors or not and have an interest to see these notes withdrawn from circulation and replaced only by new, separately founded and sound issues. The storekeepers do not lose anything thereby. They can still acquire an account credit with these certificates as the issuing centre. (This would, naturally, also help to withdraw certificates which come closer to their expiry date.)
The issuing centre will not return the goods warrants received during a business day into general circulation - apart from the issue of small change by the cashiers. Instead, the issuing centre will destroy the goods warrants received during a day's business on the next day of business, at the latest, after registering the numbers of the certificates returned, and will include these returns in its published reports.
By means of this procedure, one remains fully aware of any still circulating certificates. The printing costs are minimal. The number check can now be computerised with reading pencils and other automatic gadgets. By ending the "circulation" or rather "oscillation" of the goods warrants at this stage - and replacing them only by new issues in new credits - one achieves that the goods warrants are usually returned long before their expiry date and that thus all payment transactions tend to be conducted with goods warrants valid still for a number of weeks.
(To keep a similar control over its issues - as far as this can be done by a central bank, the Bank of England still cancels and destroys the notes returned to it. - Information supplied by Ulrich von Beckerath in the fifties. Whether this still applies now, I do not know. - J.Z., 10.02.02.)
1/9 Repeal of the Legal Claim of Creditors to Payment in Cash
The issuing centre as creditor and its creditors, those who established an account credit at the issuing centre with goods warrants, must renounce any legal claim they may have to payment in cash (State coins or State paper money or even private gold or other rare metal coins). Instead, they will receive a claim to clearing, of the same value, a claim to be realized in most instances not by such cash payments but by payment in goods warrants and clearing certificates.
The promise to pay one's debt, after a certain period is expired, in a particular means of exchange, that is to be provided by others and thus not easily obtainable for anyone at any time up to the required amounts, is in reality a speculative dealing in futures, an empty sale of cash at a future date, a forward transaction or time bargain.
This kind of business is in almost all countries either prohibited or very restricted, because of its associated risk, the likelihood that frequently such contracts cannot be fulfilled, or it is only permitted when "hedging" takes place or a premium is agreed upon in case one of the parties wants to with-draw from such a contract.
This risk is presently disregarded with regard to cash transactions and this can have the most serious consequences during monetary crises. For that reason, the goods warrants must not promise a redemption in cash or rare metal upon demand or even, as with the old Scottish Banknotes, after the expiry of an optional period.
(A further discussion of this question can be found in the 3 books by Ulrich von Beckerath reprinted in Peace Plans Nos. 9-11.)
1/10 Text of Goods Warrants, Denomination and Typification
A corresponding inscription must exclude any uncertainty on the kind and value of the goods and services promised through the goods warrants. To simplify matters, only one example of a goods warrant text is given in the following. Many other wordings are possible. But the essential points are contained in this text:
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5 5
GOODS WARRANT TO THE VALUE OF 5 GRAMS OF FINE GOLD
The issuer of this goods warrant, the ................. cooperative ....…….
accepts this goods warrant like cash, at its nominal value (5 g gold),
independent of any discount it may have on the market,
whenever anyone purchases goods or services from it or pays debts to it.
The same applies to its debtors.
Debtors contractually obliged to accept these goods warrants at par
and other voluntary acceptors are the following: ..................................
THIS GOODS WARRANT EXPIRES ON: …..............
From this date on the goods warrant is forfeited. The issuing centre will,
from time to time, announce whether and how any forfeited goods warrants
could still be utilised.
A complete listing of all those obliged to accept these certificates can
be obtained from the issuing centre and the above named enterprises.
5 5
5
5Anyone but the issuer and his debtors may freely refuse to accept these
certificates or accept them only at a discount. They are not legal tender,
i.e., they are not subject to compulsory acceptance in general
circulation nor do they have any forced value in general circulation.
The free market rates for these certificates are announced daily by: ….....
Date of issue : ............ No. of this certificate ..........
Total of the certificates issued on that day: .......…….
Total of outstanding goods warrants during the last bank balance on:
........................……………………
Total of the cover available at this time in form of goods and services
in daily demand : ............
Total of the short-term claims given as security to the issuing centre:
……………………............
Name and Address of the issuer ......……………………………………..
Signatures ........………. Certification ………………..
5 5
The print will cover both sides. Some of the text could be done in small print, other features should be stressed. The certificates should be made out in money denominations, typified and standardised, but colour, layout, impressions and even size should clearly distinguish them from the government's paper money.
The stocks in the stores cannot be exactly determined every day or for every day of issue. The same applies to the total of the outstanding notes. The amounts and values involved vary continuously. Thus these balances are only to be published periodically.
1/11 Limits of Goods Warrants Issues
For monopolistic and coercive means of exchange (forced currency) there is no useful measure to determine whether too many or too few were issued. Thus any economy in which a monopoly for the issue of standardised money tokens exists and in which the notes issued are legal tender, will continuously fluctuate between inflation and deflation. Moreover, even in the middle of a galloping inflation will such a currency also reveal deflationary symptoms.
The exact measure for the proper amount to be issued of exchange media without legal tender is very simple: It consists in the free market rate of these exchange-media. As soon as a few goods warrants too many were issued, a small discount will appear on the market, first of all in the wholesale trade and in money exchange centres. The least discount would be very rapidly publicised and it would lead to a wide-spread discount and refusal of these goods warrants. Only the debtors of the issuing centre would still like to accept these warrants then - as they could immediately pass them on to the issuing centre at their nominal value.
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If the issuing centre were to continue with the issue of its certificates, while a discount exists, then it could do so only if it is prepared to suffer a certain loss - a rather unlikely case: While issuing the certificates at a discount, it would have to accept them immediately from all its debtors - who in their own interest would somehow acquire the certificates - in the payment, even advance payment of their debts, at par. If it would have no debtors left who are willing to accept discounted certificates then not only wide-spread but general refusal to accept its certificates would result and bring further issues to a stop. Moreover, this might make future issues difficult to impossible for this issuer.
Thus the self-interest of the issuing centre will prevent over-issues.
1/12 Discount of Goods Warrants
The possibility of a discount is all essential for the functioning of the goods warrants system. Every discount happening, published or heard about will bring these certificates where they belong: to the debtors (shops and manufacturers), and from there to the issuing centre where they finally disappear from the circulation. What would happen if the goods warrants received at some places a discount, before their cover (shop- and debt-foundation ) would be exceeded? Would this lead to a loss of confidence? Would a 'run" on the shops and the issuing centre result? Would the system collapse because of this?
This discount would disappear automatically after a short time because
a) the debtors of the issuing centre would continue to accept the certificates at their nominal value and pay their debts with them,
b) wage earners would bring the certificates into the shops, in payment for whatever goods and services they want, at their nominal value, and would thereby get rid of these certificates and their distrust and
c) the issuing centre would buy up, at par, goods warrants which are elsewhere discounted and would use for this purpose other means of payment it has received.
The only ones who would be disadvantaged by such occurrences would be those who, out of ignorance, had accepted the certificates at par but then passed them on only at a discount. One might even say that these people would have deserved their loss and that, monetarily, they would have to grow up still. In future they would either refuse such certificates outright - if there are any difficulties in passing them on. Alternatively, they would accept them only with a corresponding discount, or, fully informed on all utilisation options for the goods warrants, they would accept and pass them on at par.
1/13 Use of Goods Warrants
The commercial and everyday use of the goods warrants, clearing certificates etc. would be the same as with cash today or with ordinary sound commercial bills. Employees would often hardly notice the difference as they could purchase with the goods warrants as if they had received cash. Employers, especially manufacturers and wholesalers, would accept private bills "for clearing only", after a short experience with them, probably with less hesitation than they would accept today's bills promising cash redemption, seeing that the clearing bills would eliminate the risk involved in the cash promises.
1/14 Forgeries
The goods warrants system offers no incentive to forgers. The time frame for circulating forged notes is as a rule to short - seeing the short circulation period of the goods warrants. Moreover, the circulation area (area where they are readily accepted in general circulation, as local currency) is for each of the many issuing centres to be expected, so limited, compared with today's national issues, that any large issue of forged notes within this limited area would very soon encounter suspicion and those who would attempt to pass the forged notes would also be much easier to identify.
(The accountant of a large Australian department store which issues shop currency for consumer credit purposes - more on this in a future PEACE PLANS issue - told me once that he never encountered or heard of a case of such notes being forged. Mostly these notes are returned within a few days to the store.)
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1/15 The Granting of Loans
The goods warrants etc. will be issued as loans and will serve as means to repay the loans. The demand of debtors for these certificates will give them a sufficient reflux.
It is not always advisable to hand over the goods warrants to the borrower himself. This is only required when goods warrants are e.g. borrowed by a manufacturer for the purpose of wage payments. More often it would be safer to hand over the goods warrants only to the creditors of the borrower. The danger of the abuse of a loan would thereby be diminished. Thus, if a member receives a loan from such an issuing centre, he will, as a rule, not receive this amount in cash (in goods warrants) but will be credited with the corresponding amount. He will hand his bills in to the issuing centre which will take over their payment from this account credit.
Loans will be granted to persons or firms that have received services or deliveries, want to pay for these, but cannot do so immediately through cash payments (or account transfers), e.g. to retailers who have purchased stocks of goods.
Another option would be to give those persons advances in goods warrants who have already sold goods but are still waiting for payment, e.g. employers who have sold their products to wholesalers or wholesalers who have made sales to retailers.
Formally, the loan will be granted in either of the following two forms: As a loan on or as a purchase of short term claims, of employers against wholesalers - if it is a loan to employers.
The shopkeepers will receive goods warrants loans against the obligation to accept the goods warrants without limits, like cash, to cancel them and use them for repayments of their debt or for the establishment of account credits.
Wholesalers would receive goods warrants loans only in return for short-term claims which they possess against retailers.
There will always either be a loan on such short term securities or an outright purchase of such securities - both, naturally, with a discount as a service charge and to cover any risks involved.
1/16 The Circuit of Goods Warrants
The shopkeeper will pay for his purchases from wholesalers either with the goods warrants or with a draft upon the account credit given to him by the issuing centre of the shop association. The wholesaler uses these means of payment to pay for his purchases from the manufacturers. The manufacturers redeem the cheques received at the issuing centre, the bank of the shop association and receive goods warrants in redemption. With these they pay their labourers and employees. These, in turn, purchase whatever they require, with these means in the various shops and thereby enable to shopkeepers to repay their loans.
The employer can discount a commercial bill he received from a wholesaler at the bank of the shop association (which issues the goods warrants) and then pay his workers with the goods warrants thus received. From the workers these goods warrants flow back into the shops, from there to the wholesalers who are then enabled to redeem their own commercial bills, which the shop association bank will present to them.
Quite obviously, this kind of circuit, wherever it begins and whatever route it takes, provides the shops, the wholesalers and the manufacturers with sales, the manufacturers with means to pay wages and the workers with paid labour.
1/17 Loans on Claims
Even if the shop association bank merely grants a loan on claims of an employer and does not purchase them outright, the agreement on this will have to give the shop association bank the authority to dispose of the claims as if they had been purchased. For instance : If the shop association bank utilises a clearing bill of textile manufacturer X to purchase from him a quantity of textiles, upon the order of an associated shop, then the manufacturer is to be credited with this amount, his debt is to be correspondingly reduced, he will no longer have to redeem this particular security in the end - because he has already done so, with his services, in advance. Neither will any of the intermediate other holders have to handle this bill again.
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The form of a loan instead of a purchase would increase the security for the Shop Association Bank. If, for instance, among the clearing bills given as security by an employer to the shop association bank, there happens to be a bad one, then, in case the bank has only made a loan against it as security, the employer is immediately responsible for it. In the other case, when it has purchased the bills, it would itself have to bear the risk (or at least part of the risk as one of the acceptors). Once the shop association bank has settled down to its business, then it may only purchase clearing bills instead of merely granting goods warrants loans on them. It would thereby simplify its accounting procedures.
1/18 Claims which Can Be Discounted or Serve as Basis for Loans
The goods warrant system is also to prevent the hoarding of goods warrants. To achieve this, the claims acquired during their issue (whether by purchase with the goods warrants or merely as securities for the loan of goods warrants) must all be short-term clearing bills or equivalent short term clearing certificates. Only thus could a continuous demand for the goods warrants be established, one which would assure their reflux. The debtor expressed in these clearing bills must be a firm which either produces or has in stock goods which are in daily demand. Among these items must be food. Thus, as such debtors the following would be suitable: storekeepers, farmers, mills, bakers, bread factories, canneries and corresponding wholesalers. To obtain such bills is no problem but merely a task which any bank could easily solve.
If anyone who wants to borrow goods warrants cannot supply securities which can be used any time or at least within a short time, then some guarantor must do it for him. Such guarantors could demand a fee for this service.
1/19 Condition for Loans: No Extraordinary Price Increases
Shopkeepers who have borrowed goods warrants or whose stocks serve as cover for goods warrants, must not increase their prices beyond price movements of the general market - as long as their loan runs or as long as they are members of the Shop Association Bank. Otherwise their whole debt to the shop association bank would fall due immediately. Thus they may not require a higher price when payment is made in goods warrants or offer only inferior products for them. They may not even ask a prospective customer, before a purchase and its price is agreed upon, whether they would like to buy with cash or goods warrants. In most instances, and in their own interest, as cooperative owners of the shop association bank, they would avoid such practices.
1/20 Maximum Amount for Credits
To reduce the risk of issuing such credits, the shop association bank should never grant a single firm more than 10% of the total of its currently issued goods warrants.
1/21 Business Area
Such credits in goods warrants will only be granted to traders and manufacturers within a radius of 25 km around the issuing centre. Thus the shop association bank could at any time easily check the credit worthiness of the applicants and their use of the credits. Most of the goods warrants issues would thus tend to become local currencies.
1/22 Fee for the Use of Goods Warrants
The debtors should be charged such a high fee for the use of the goods warrants that they have a sufficiently strong interest to repay their loans as soon as possible. As a cooperative the issuing centre would from time to time distribute the income derived from such fees - less administrative, insurance and reserve amounts - among those debtors who have not fallen behind in their payments. Thereby the fees for all those repaying their loans punctually will be reduced to the administrative costs and those of the risks involved. These costs are, as has been shown by Proudhon, Gesell and many other money reformers, relatively small or large only in relation to very small loans. This distribution could take place according to the principles for the distribution of dividends in cooperative insurance companies.
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Only for mortgage and other long-term loans are high interest rates often hard to bear. (Many American building and loan associations - which between them financed a large percentage of all homes in the US - demanded and received, even under a stable currency, 9 % interest for their building loans and could, consequently, pay their savers 7-8% interest. Thus, in some cases, even as high and even higher interest rates are not too high.) The goods warrants system is primarily designed to overcome monetary crises and to normalise all monetary transactions by the granting of short term credits in form of goods warrants and other clearing certificates. Only here could interest rates be greatly and directly reduced, as above indicated, while still fully utilising them as part of the price mechanism.
If a borrower should fall behind with his contractual obligations towards the issuing centre then he should not only have to pay the usual fees but also interest on the outstanding amounts.
To simplify matters, the user fees are to be determined in fractions of the initial loan amounts regardless of the continuing amortisation, i.e. in flat-rate interest rates.
1/23 Repayment and Cancellation
Every goods warrant received by the debtors of the issuing centre is to be cancelled and returned to the issuing centre. If and to the extent that the debtors debt is not yet due or his receipts exceed his debts, the debtor will be credited for the goods warrants on an account at the issuing centre and he could immediately dispose over such funds by cheque.
1/24 Repayment with Clearing Bills Issued by Oneself
If a debtor, through no fault of his own, is unable to repay his debt with goods warrants or cash, then the issuing centre will be satisfied with receiving from him clearing bills, e.g. for a debt of $ 100.00 about 15 clearing bills for $ 10 each. These clearing bills would have to be accepted by the debtor, whenever they are presented to him in payment, i.e. he would have to redeem them with his own goods or services as if they were goods warrants or cash.
1/25 Debt Foundation as Guaranty for the Reflux of Goods Warrants etc.
When the goods warrants are issued, then they derive their value from their shop foundation. When they stream back to the issuing centre, then they are valuable through their short-term debt foundation. (Naturally, the shop foundation is also a kind of debt foundation.) The debtors of the issuing bank express a continuous demand for these certificates. They are all the time repaying the certificates received to the issuing centre.
Should anywhere in the circulation a discount arise of the goods warrants, due to an undervaluation, then the debtors of the bank would acquire these for them cheap certificates through cash purchases and would immediately utilise them to reduce their debt. The discount would then be a pure profit for these debtors. (Naturally, they are only obliged to accept these certificates at their nominal value in the sale of their goods and services, not when they purchase them for cash. Other debtors would simply advertise, to increase their sales: We still accept goods warrants which are reported at a discount, in all our shops at their full nominal value, or even at a small premium! (They might do the latter out of the profit margin expected from additional sales.)
1/26 Surcharge in Cases of Repayment with other Means of Exchange
To assure the reflux of the goods warrants and to increase the demand for them, the issuing centre might reserve the right to charge a small fee if debtors pay back their debts to it not in goods warrants but with other means of exchange.
1/27 Reflux by Means of the Purchase of Goods Warrants
All other means of payment received by the issuing centre are to be utilised to purchase goods warrants of the issuing centre on the open market. This would also help to keep them at par with their nominal value.
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1/28 Time Limit for Loans
The shop association bank will, as a rule, grant only short-term loans, The maximum period of these loans is 3 months. In particular cases shorter periods will be determined - in relation to the average turn-over periods of the enterprises desiring the loans.
1/29 Repayment in Instalments
The borrowers must oblige themselves to repay their loans in weekly instalments amounting to at least 1/4 to 1/12th of the loan.
1/30 Legal Form of the Issuing Centre
It appears most sensible to establish the shop association bank as a cooperative of its lenders and borrowers, i.e. especially of the storekeepers, wholesalers and manufacturers. The cooperative shares would not have to be paid in in cash but could be paid in bearer bonds which the issuer would have to accept in his payment transactions like cash.
Capital in the proper sense would not be required to any considerable extent by the issuing centre. Required would merely be the establishment and maintenance of an office with office facilities. Initially, one of the members could probably make rooms and facilities available for this purpose, also the labour required.
Apart from this only a small reserve fund might be necessary. Working capital would not be required by this bank as its task would merely be to mobilise or liquidise the capital of its members - consisting in their capacity to supply goods and services in daily demand - by means of the goods warrants system.
1/31 No Business Secrets
The public should always be enabled to inform itself sufficiently about all details of these issues. Thus the following should not be considered as business secrets:
The names of the debtors of the issuing centre, the total of the issued and of the still outstanding goods warrants, their numbers and series, the kind and extent of their cover and foundation which assure their reflux, and the processing of the returned certificates.
Some of these details could be stated on the certificates themselves. Others could be published in notices exhibited at the issuing centre and in the premises of its debtors, mainly the shops. Their detailed balances are also to be published in the press. They should at least once a week publish their goods warrants circulation and the total of the short term claims serving as their backing - in one of the daily papers. Their books and other records relating to the issue of goods warrants etc. should always be open to public scrutiny - to the extent that this can be arranged within normal office procedures.
1/32 Clearing Centre
All shop association banks are entitled and obliged to mutually clear their due claims against each other. They have to establish a special clearing house for this purpose.
1/33 The Position of Employers in the Goods Warrants System
Employers receive claims against their wholesalers who distribute their products. They can either give these as securities for a loan to the shop association bank or sell them to it. With the goods warrants thus obtained they can pay wages, salaries, suppliers and their personal expenses. They, their employees and their creditors will then make purchases with these goods warrants in the shops. Consequently, the stocks in the shops diminish and the retailers place orders with their wholesalers for restocking. These orders are passed on by the wholesalers to the manufacturers and thus assure further sales to them. The cover of the goods warrants in these cases would consist out of the products of these employers which have already been sold to the wholesalers and retailers.
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The manufacturers and other employers may also issue clearing certificates in which they oblige themselves to accept these certificates like cash whenever anybody purchases anything from them or pays debts to them. They may sell these against goods warrants or use them for the purchase of raw materials. Still more obviously than in the above instance, they would thereby provide themselves with sales - to the extent of their issue of clearing certificates.
1/34 The Advantages of the Goods Warrants System for the Workers
They will in future no longer be laid off when their employer cannot obtain a wage payment credit from the banks. Thus the danger of unemployment is largely abolished for them. The comparatively small unemployment which now and then results in certain branches of industry and commerce, due to technological innovations, can largely be abolished by means of re-training credits granted by new credit institutions which are still to be established.
The abolition of the note-issue monopoly will lead to the end of any shortage of exchange media. Thus the workers would no longer have to sell their goods, their services: their labour, at emergency prices. (This dilemma is especially vexatious in underdeveloped countries, which have not yet fully converted to a monetary economy and is often indicated by extremely high interest rates and extremely low wages. The latter are naturally also due to low productivity, but not exclusively so.)
In quite general terms, one can state that by means of the goods warrants system the needs of the workers can be transformed into demand that is sufficiently supplied with exchange media or currency - to the extent that they are able and willing to work.
1/35 The Advantages of the Goods Warrants System for Wholesalers
Seemingly, the wholesalers are not aided by freedom to issue notes, seeing that already before the introduction of free note issue they had made use of a limited freedom to issue, consisting in the right to issue sound commercial bills of exchange. They issued these bills and largely cleared them rather than redeeming them in cash. However, only when the goods warrants system offers the employers the chance to be continuously and sufficiently supplied with means of exchange for wage payments, while it offers the retailers the opportunity to sell all their wanted stocks, can the wholesalers expect to be also fully employed in their role between the producers and the retailers. Moreover, after the introduction of the goods warrants system, they could no longer be driven into an economically unjustified bankruptcy by means of a legal claim of all creditors to payment in cash. All such claims would be transformed into a right to clearing only - unless the contrary, cash payment, has been expressly, voluntarily and privately agreed upon. Even then some courts might decide that nobody could be sued to pay such "gambling" debts in this way. (Any dealing in futures is a form of speculative gambling, even if the item to be delivered in the future is cash. which is more often short than ready or readily available.)
1/36 The Advantages of the Goods Warrants System for Independent Professionals
The independents, like doctors, lawyers, barbers etc., could also receive goods warrants based upon their ready for sale services, in form of loans from the Shop Association Banks. Likewise, loans to manufacturers could also be granted by these banks and in goods warrants with regard to the service cover offered by these professionals. They will find it easier to get short term credits and their customers will be more liquid - and more numerous, due to full employment.
They could also associate into large groups and issue their own means of payment. Cases are on record, mainly for China, where even single barbers, restaurants or brothels issued their own tokens, which were willingly taken within their neighbourhoods. Naturally, few would want to go back to this kind of decentralized issue - but it should not be prohibited, either. The traffic will bear, i.e. generally accept, only those exchange media, at least as local currency, which are convenient enough, that is widely enough accepted by a variety of service and goods centres, as already stated above.
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1/37 Individuals as Issuers of Goods Warrants
At least at first most individuals will probably be unable to make use of freedom for note issues. Immediately they will derive only indirect benefits from monetary freedom like full employment and higher wage or cooperative incomes.
Later on, when the clearing system has been fully developed, they could buy locally current goods warrants with their own clearing certificates - based on and expressing their own ability to give services or goods in return, valued in x grams of gold. The clearing house would see to it that these certificates would get into the hands of those who can use the services of these individual issuers. They would hire them and offer them their own notes in return, on pay days. Most likely, a single employee or worker could circulate his own certificates only in a limited circle of acceptors and there only with a discount of, let us say 10-30%. But, quite obviously, he would supply himself to the same extent with work as he would succeed in getting his own clearing certificates accepted, to the same extent as he was thus enabled to pay for his requirements.
1/38 Goods Warrants Issued by Large Firms
Larger firms could make use of the issue freedom themselves. The smaller ones would have to associate for this purpose, e.g. all the small shops in a large shopping centre. They also could issue clearing notes, in money denominations, standardised and typified, in which they oblige themselves to accept these notes like they would accept e.g. gold or silver coins of equivalent values or denominations or weights. With such notes they could e.g. pay their tradesmen, their suppliers and, after coming to an agreement with the tax office, their taxes. They might also be able to pay railway and postal charges in this way. It would