Fighting words: Argumentation ethics

Hans Herman Hoppe, a contemporary libertarian theorist, describes the fundamental problem of society and suggests a libertarian solution:

We live in a world of scarcity. Either resources are scarce, or the time in which to use them is scarce. We all have different ideas on how these resources are to be used. Therefore, if we wish to live in a world where conflict over resources is minimised, we must agree on rights of ownership and transfer. It must be taken for granted that we own ourselves. To claim the opposite leads to obvious inhumanity. It raises at least the potential for unlimited conflict over who owns whom. Where external resources are concerned, the ideal solution is that they belong to whoever first appropriates them from the State of Nature, and that they are then transferred by consent — that is, by sale or by gift or by inheritance.

Sean Gabb summarising Hoppe’s views, from the introduction to Getting Libertarianism Right by Hans Herman Hoppe

Hoppe claims the libertarian “rights” of self-ownership and non-aggression are argumentatively irrefutable. According to “argumentation ethics”, argumentation is the process of resolving conflicts through dialogue and the absence of physical conflict. Hoppe assumes that we should argue (i.e. discuss) rather than physically fight:

“Now let me emphasise that I consider these elementary insights argumentatively irrefutable and, because of that, also a priori true.” [bold added]

Hans Herman Hoppe, Democracy, Democracy, Civilization, and Counterculture (PFS 2015) YouTube

I agree, conflict without discussion means violence. But even if we can’t argue against libertarian principles, why must we agree to avoid physical conflict? Despite the fact that many people do want to rationally justify their beliefs, there is always the option of their physical enforcement instead. Argumentation itself is a matter of preference — as is violence. The pertinent question is, “Would you rather engage in rational discourse or fight?”

It would be wise to remember that all man-made concepts are built on premises (“if-clauses” and assumptions). It is foolish and can be dangerous to assume that others share your premises (including preferences for argumentation). While useful, all man-made concepts are constructed with the formula: “if we want X, then Y is a useful concept.” Hoppe can be seen doing this here:

“If you want to live in peace with people … you must have private (or exclusive) property in all things scarce and suitable as means or goods in the pursuit of human ends.”

Hans Herman Hoppe, Democracy De Civilisation, and Counterculture (PFS 2015) YouTube

This argument has two parts: an “if-clause” and a “then-clause”. Without the initial assumption (“If you want …”), Hoppe’s argument would become a decree: “You must have private … property…”, which would naturally raise the question: “Why ought we have private … property… ?” On the other hand, without the conclusion (“[then] you must have private … property …”), all that remains is a question: “[do you] want to live in peace with people[?]”, which naturally raises the questions: “what happens if someone doesn’t want to live in peace?” and “do I want to live in peace with people?”

There will always be people that reject the principle of non-aggression — at least at some times and in some situations. More generally, the preference for peace and equal treatment is itself a premise of egalitarianism (that all are equal or should be considered equal). But there will always be people that reject egalitarianism.

Why would Vladamir Putin, a highly powerful and influential Russian President and influencer in world politics, accept a libertarian premise “to live in peace with people”? Accepting this premise would amount to him disarming himself of his powerful position in order to equalise himself with others in society. He currently has the ability to not respect his citizen’s self-ownership, and why would he give that ability up? Why would a burglar with two guns give the homeowner one when robbing a house? Frankly, Putin and those with the ability to ignore libertarian principles, will ignore them if it is in their interest to — because they can.

“I don’t see how it is the case that just because I am engaged in an argument with you I must therefore respect your self-ownership. I could just be arguing with you as opposed to being in a state of conflict because it is cheaper, as violence is very expensive –far more so than arguing. If not through the explicit cost of weapons or the damage I might take from doing so, it is also expensive considering how others may treat me after I have acted violently. So naturally, I could argue that you don’t own yourself because I can’t afford the expenses of coercing you …”

Truediltom, “On the ‘non-aggression principle'” On ‘The Non-Aggression Principle’ retrieved Jan 20, 2019.

“Sticks and stones may break bones,” but words and decrees only compel if they are backed by force, i.e. only enforced words can break bones and coerce action. Even then, it is the force (and not the words) that does the coercion. (All man-made laws are secondary to the laws of nature, (which cannot be broken. Gravity cannot be refuted, ignored, or paused, whereas rules such as “thou shalt not kill” can be and are often broken.)

How could a libertarian rule of law be established? Ironically, if a libertarian society contained people that rejected libertarianism, there would be a performative contradiction: libertarianism’s non-aggression principle would be violated when libertarian rule of law was enforced upon individuals in society. For example, a pimp would be legally punished for violating his associate’s rights. To him, being put in a jail cell is an initiation of force — a violation of non-aggression.

One solution to this is Hoppe’s private law society. Private cities, operated like corporations would have their established rules. Built on libertarian principles, each private city could have differing sets of incidental laws and rules. Citizens could be free to associate (or disassociate) with any city that would let them in, but once inside, they would have to agree to the rules or be physically removed.

… So to speak…

Hans Herman Hoppe

In a libertarian society, there will always be conflict about its principles. Dissenters will always exist. People may argue with the premises of libertarianism, but according to argumentation ethics, by definition they will always lose. Their only avenue for winning is to disband with argumentation itself. But, while argumentation persists, there is peace and libertarianism is practised. However, as soon as libertarian’s detractors reject argumentation itself, the society must be ready to implement physical removal.

Here we have come full circle: preferences for libertarian principles such as self-ownership and non-aggression are asserted with the acknowledgment that physical force is the ultimate/final means of justification. This might be ironic, but it is in accordance with the laws of nature.

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