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The Fallacy of Limited Government and Classical Liberalism

The system that claims to only protect negative rights simply cannot do so, as it relies on voting and taxation to properly function.

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By Ryan Lau | @agorisms

Since the founding of America, countless individuals have used the doctrine of classical liberalism to define the American way. More often than not, this leans towards ideas such as limited government and a protection of natural rights. After all, “life, liberty, and the pursuit of happiness” is one of the most well-known phrases in the Declaration of Independence.

Since 1776, politicians have uttered the words as a call to action for the people. After all, the protection of these three critical rights is what sets the United States apart from the rest of the world, right? In the modern day, the usage has shifted slightly: more advocates of limited government use the phrase as a rallying cry, hoping to return to an age of freer markets and freer people. However, everything about the expression is simply a lie. The very idea of a government that naturally limits itself to these basic functions is simply impossible.

Negative Rights vs Positive Rights

First and foremost, what sets limited government and classical liberalism apart from other modes of government is a belief in negative rights. Basically, this means that the people only have protection against other people harming them. The right to life does not mean that a sick person can demand free medicine. Instead, it merely means that someone else cannot kill him against his will.

The same idea follows for liberty and property. An individual may act freely, as long as his actions do not prevent another person from also acting freely. Driving over the speed limit, for example, is an act of liberty. But, as soon as that driver hits another car, he has damaged the other person’s property. If he inflicts injury or death, he also has, of course, taken away that person’s negative right to life and liberty. To summarize, the idea of negative rights suggests that individuals have rights to their lives, liberties, and property, but only insofar as that right does not prevent another from also owning their own lives, liberties, and property. To each his own.

Positive rights, on the other hand, require the use of force against another person to bring about. So, a positive right to life would create an obligation for others to defend the life of an individual. If someone was sick, for example, he would, under a positive protection of life, be entitled to any medicine that may aid or cure him. In terms of property, a person may be entitled to a house, even if it means someone else must buy and build it.

The Classical Liberal Viewpoint

Of course, the classical liberal viewpoint is one that rejects positive rights. A number of practical reasons exist for such a dismissal. In the event of life, for example, let us imagine that same sick patient. A doctor may be able to find a cure if he labors for a thousand hours and abandons all other work. However, this doctor is also a mother. By fulfilling the positive right to her patient’s life, she may not be able to fulfill her duties as a mother. Moreover, she may have multiple patients with different needs, each requiring full attention. She cannot feasibly fulfill her obligation to every person involved, but cannot realistically be at fault. So, the classical liberal argues, there is an obligation to protect rights negatively, but not positively, as such creates unjust duress on the individuals doing the protecting.

The Fallacy of Negative Rights

Clearly, a government cannot adequately or justifiably protect positive rights. In reality, though, the same is true about negative rights, too, especially in a democracy. What breaks the soundness of the argument? Two things: taxation and voting.

On a surface level, a government can claim to only protect negative rights. Specifically, what comes to mind is the minimalist state. As many limited government advocates have outlined, such a government would only control the police, military, and courts. Yet, it appears that this notion cannot come true without taking from others. All of these organizations require the tax dollar, and this, of course, comes from the people, who may or may not have consented to give up a portion of their income. Regardless, the second that the government forces the money from the people, it becomes a positive right. Thus, a limited government cannot truly protect only negative rights: taxation turns this on its head.

A Vote for Change?

In a functioning democracy or republic, many citizens vote, either for laws or representatives. Yet, it is clear that the vote itself is also an example of a positive right. When a citizen votes in an election, he or she is exercising power, albeit small, over the electorate in order to influence political affairs. In other words, they are telling the government to use its force over other people.

Negative rights do not change. They always include, exclusively, the right to life, liberty, and property. So, if a society was to truly protect only these rights, there would be no need for a figurehead. After all, if nothing is to change, why should someone have the power to make changes? If a society ever was to only guard negative rights, any change in policy or executive order must necessarily be a violation of these rights. The only things a government could justifiably do is determine the salaries of its troops and judges, and carry out other business matters.

Theoretically, we could vote on these matters. But, as long as taxation was the end result to obtain them, the majority is still inflicting its will on the minority. If one person does not consent to the collection, then it becomes unjust. Alternatively, the collection of funds could be entirely voluntary, through donations. But, at this point, it is no longer a state, as it is neither coercive nor compulsory.

A Logical Impossibility

Thus, the notions of classical liberalism and limited government appear to be at odds with the principles they claim to safeguard. The logic works in a bit of a circle. In order to protect these rights, the limited government must become no government at all. But, by becoming no government at all, it no longer has the power to safeguard these negative rights.

Therefore, a government cannot both exist and solely protect negative rights. Every action is ultimately some form of force, whether it comes from voting or taxation. Even in the early days of the United States, citizens voted on which figures could use power over others. Eventually, these figures levied higher and higher taxes, increasing the coercion. The world’s great thought experiment has failed, and it is clear that a government cannot exist to guard negative rights. Only through the absence of government can a society exist without widespread force.


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