What C.S. Lewis and Ayn Rand both saw eludes many self-styled “Libertarians”
In his classic essay “Men without Chests” C.S. Lewis entertainingly explained how all judgements on matters of truth, goodness, and beauty are inextricably bound to human passions and emotional commitments. Likewise, Gene Rodenberry and his scriptwriters for the original Star Trek were not able to make Mr. Spock into a believable character until it was painfully revealed how his absence of emotion was only a Stoic mask concealing a deep current of repressed instinctual drives. Emotions are an integral part of what makes us human, and even what would make a Vulcan a Vulcan, were such creatures to exist. None the less, that Star Trek trope reveals a fundamental prejudice which has characterized the upper registers of Western civilization, at least from the time of the Enlightenment, the notion that reason and the emotions are more often than not in a state of contradiction. Of course sometimes they are as illustrated by the psychoanalytic nomenclature of id, ego, and super-ego, and their mutual tension.
This antithesis even shows up in the world of political economy, notably among those theorists who call themselves libertarians, especially Libertarians of the big-L variety. At the risk of oversimplification, it seems the minds of such libertarians are haunted by a primal scene in which there are only two alternatives, rational actors who strive after clear-cut goals in life and take responsibility for their actions, and emotional, ineffective people who botch their lives and wind up relying on some collective group, and ultimately the state, to sustain them both physically and psychologically. According to the mythos, these are the individualists (rationalists=good) and the collectivists (emotion-driven=evil).
In spite of her contempt for the term “libertarian” the person who usually gets the blame for this dual psychology in so far as it manifests in libertarian theory, is Ayn Rand. Here I am going to buck the consensus view and regard Rand as a friend of the emotions. I realize that this seems to fly in the face of Rand’s maxim “emotions are not a tool of cognition” but like any thinker, Rand has to be appreciated critically, not in a cult-like fashion. Furthermore in the case of Rand it seems to me that she botched a presentation of her world-view (so clearly presented in novels and essays) by attempting to become a systematic philosopher, something that surpassed her time and resources.
Astounding though it might seem, Ayn Rand, by the standards set by C. S. Lewis, should probably be reckoned as a “man with a chest”! In a time of woke weirdness this is apt to be misunderstood, so let me hasten to add that Rand loved being called a man because she felt the term ought to indicate essential humanity rather than male gender, and of course having a chest means “having a heart in one’s chest” not just bosoms. In short, below superficial statements in which she seemed to indicate the opposite, Rand felt that emotions were indeed tools of cognition.What is even more surprising is to find two figures as theologically opposed as C. S. Lewis and Ayn Rand, agreeing on a fundamental premise with wide-ranging consequences in epistemology, psychology, and ethics. I am not trying to reconcile these two thinkers, who were both vastly influential on 20th century conservative thought, at least in America, but simply to highlight how isolated doctrinaire Libertarians are from a common sense shared across a broad philosophical spectrum. By doctrinaire Libertarians I mean those who default to the non-aggression principle (NAP) as the solitary criteria of ethics. The NAP-sola (a.k.a. non-aggression principle exclusive) Libertarian is indeed a person “without a chest” in the sense intended by Lewis. Why is this important? And furthermore, why is “having a chest” so difficult for libertarians in the context of post-modern ideology.
The vacuity of formal (in contrast to material) ethics
NAP-sola Libertarian ethics may be considered a particularly sharp and rigid version of formal ethics. The forerunner and flagship of ethical formalism is Immanuel Kant’s categorical imperative, according to which one should only act in such a way that you could likewise approve of anyone else acting in the same way. As a general standard this maxim is appealing to most people, bearing a strong family resemblance to the famous “golden rule.” However precise ethical standard it is not free of complications, and a vast literature devoted to its criticism has been generated among ethicists. Kant lies out of the present discussion, however it is interesting to note in passing Rand’s detestation of Kant, which is circumstantial evidence that (in spite of surface formulations which seem very Kant-like) she was, though not admittedly, a “chest” person in contrast to the purer intellectualism of Kant. She also despised those who I am calling the NAP-sola Libertarians.
The NAP states that the sole rule of ethics is whether or not aggression has been committed by one person or group of persons against another person or group of persons. In the case of right-Libertarians, those who are under discussion here, the NAP is combined with a Lockean theory of property rights, in which posterior to original production “by mixing labor with the land” right of possession and/or alienation is absolute. Hence violence to persons and theft of property are the two crimes recognized by NAP-sola libertarians. Again, like the categorical imperative, there is much here which appeals to most people’s sense of justice, at least those who might identify themselves as lovers of freedom, or “lower-case” libertarians. The problem with the NAP is not its correct assertion of the inviolable nature of persons and property in any just system of law. Rather, the problems of the NAP are those which it shares with any system of purely formal ethics. Formal ethics, whether those of Kant, or those of NAP-sola Libertarians following the lead of Murray Rothbard, are essentially intellectual formulations detached from concretes. In the case of specifically human ethics, such formulations fail to take account of the person as the fundamental source of all values. One may, of course, take exception to persons being the fundamental source of all values, and I have no capacity to argue the case here. If one wants a systematic investigation of personalist value-ethics the classic presentation is to be found in Max Scheler’s Formalism in Ethics and Non-Formal Ethics of Values (1916). Here I am only trying to suggest that in moral terms it might make more sense to heed those with chests than those without them.
Of course, when I mention the absence of “chests” I am not trying to make an ad hominem claim against the NAP-sola Libertarians. Everybody who was involved with the American libertarian movement in the late 20th century knew what a wonderful, if perhaps cantankerous, personality Murray Rothbard was. Rather, here we are speaking of an ideology which, like Venus on the half-shell, has sprung bloodlessly from the mind of Zeus. The identity of the ultimate “Zeus” will be discussed presently, but the salient point here is the “bloodlessness.”
Are “rights” self-subsisting essences or are they an attribute of persons?
Once the question is asked, the answer becomes apparent. The human rights to life and property reflect the value subsisting in persons. The exact definition of a person is a knotty problem, but here let us assume that it is human beings who are under discussion, not abstractions or legal fictions as suggested by the expression “corporate persons.” The inviolable nature of a right is derived from the objective value of (human) persons, not vice versa. This was well understood by Ayn Rand, and at least tacitly understood by Murray Rothbard, who’s occasional reference to his position as “atheistic Thomism” would seem to acknowledge the limitations of formal (in contrast to substantive) ethics. “Man with a chest” that he was, Rothbard’s passion was hostility to the state. To that end, the clear-cut formalism of the NAP was a handy sword to grab in defense of liberty. The state, as monopolist of power, is the prime agent of aggression in society, and aggression, in accordance with the NAP is manifest crime. Case closed!
However, divorced from Rothbard’s brilliant rhetorical case for liberty, the NAP is apt to take on a life of its own. In a general sense, all people of good will are inclined towards the NAP when it is considered in isolation. Once it comes to concrete application however, the distinction between initial aggression and the right of retaliation suffers the endless iteration of competing subjective viewpoints. In spite of its ready comprehension as a rule of thumb, the NAP cannot bear the weight of a total system of ethics. Even as political and judicial principle it is too abstract to facilitate the resolution of disputes where both sides claim to be the victim.
A poignant illustration of this was a recent debate between two prominent libertarians on matters of Middle Eastern politics. She was championing the rights of the suffering people of Gaza, he was proclaiming the right of retaliation against the terrorists who had attacked Israeli citizens on October 7, 2023. Both were erudite exponents of the Rothbardian philosophy. Both understood and concurred with the NAP, yet there was no resolution in the debate, it was a literal “he said, she said.” None the less, even if the debate had no winner, it displayed a tragic irony. After all, is it not odd in the extreme to see anyone who claims the anarchist mantle of Rothbard defending a state military action, in this case, the State (Heb. medinat) of Israel?
Here the question is not whether this or that libertarian has lost their moral compass in the passionate advocacy for a particular cause. To be passionate, what I am calling, in line with C. S. Lewis “having a chest”, is to be human, to be forgiven. Rather the danger is in the opposite direction. If one attempts to base a comprehensive system of ethics on a single axiom such as the NAP then one runs afoul of the problems inherent in any formal ethics. Ethics don’t subsist in a vacuum, they must pertain to something substantial. Otherwise one is liable to deduce an infinite regress of abstractions from abstractions. It is like the skeptic who asked an old lady why she believed the world was supported on the back of a giant turtle. When asked what supported the turtle ,she replied “Fool! Don’t you know its turtles all the way down!”
What gives the NAP its prestige in the Libertarian movement?
While the NAP has been billed as the basic principle of Libertarianism, at least since the era of Murray Rothbard, it is only a tool serving the fundamental libertarian cause of anti-statism. Rothbard, who started out as a free-market conservative, came to base his latter arguments for anarchism on the NAP. Within free-market (non-collectivist) libertarianism there have always been a wide variety of theories regarding the justice and/or necessity of the state. These can be all be regarded as “anti-state” in the broad sense of seeking to limit or eliminate the power of national government over some or all areas of society. However it was only beginning with Rothbard that a large number of libertarian intellectuals started styling themselves as anarchists. Those who dissented from this trend were termed, through a terminological back-formation, “minarchists.” It was the rhetorical salience of the NAP which gave intellectual hegemony to the anarchist wing of the movement. If all coercion is evil, as maintained by a strict construction of the NAP, then it would seem that the state, as the primary instrument of coercion in society, ought to be abolished. Hence minarchists (i.e., limited government advocates) with no better ideological foundation than the NAP, find themselves at a loss to counter the consistency of the anarchists. The NAP wins every time, but in doing so it thrusts the libertarian movement into the abstract, bloodless, world of formal ethics.
Rothbard’s turn from a substantial anti-statism to a formal anti-statism
While I am not a close student of Murry Rothbard’s biography, from well known facts his general intellectual development can be easily sketched. His development from a classical liberal (in American terms “conservative”) into an anarchist, was not, as per Copernicus or Kant, any sort of “turn” but rather a fairly straight linear development. As he continued his study of economics in the Austrian tradition of Ludwig von Mises, he came to realize how in sector after sector of government intervention into society was counter-productive to the well-being of the citizenry. Conceptually, this meant that the legitimacy of successive layers of the welfare state were stripped off as either inefficient or immoral or both. Eventually he would propose privatizing even the core state functions of defense, police, and justice.
However Rothbard was more than an economist, he was a political philosopher. No rational thinker is likely embrace the ethically challenging moniker “anarchist” without grounding their position on a solid moral basis, and Rothbard was, if nothing else, rigorously rational. One can be a free market economist purely on the basis of social efficiency, but efficiency is not a sufficient, albeit surely a necessary, element in the constitution of a community. Here there is no linear progress from critique of the welfare state, to a rejection of the nation-state as such. Rather an ideological quantum-jump is required. Naturally there were intellectual influences other than Austrian economics which encouraged Rothbard to embrace anarchism.
It seems that there were several lines of anti-state thought which came to Rothbard’s attention, however the most influential were probably those associated with Henry George and fellow-travelers of the Single-Tax movement such as Alfred J. Nock. Yet even these radical proposals for limiting government coercion didn’t amount to a comprehensive theory of state, its nature, and its origin in history. This was provided by the theory of Franz Oppenheimer (not to be confused with the American nuclear physicist Robert Oppenheimer) a Weimar Republic doctor-turned-sociologist who later emigrated to Israel to found an anarchist kibbutz.
While it is clear that the young Rothbard was influenced by Oppenheimer’s analysis of the state, what is important in the context of this article is to note the concrete and historical nature of the German sociologist’s theory. Oppenheimer made a very clear distinction between government and the state. Tribes, families, and other natural communities were indeed governed, but the state only arose when a cast of predatory warriors arrived to institute a permanent system of oppression against a local population. Oppenheimer’s system of thought, while not purely Marxist, does bear a strong family resemblance to Marxism. Be that as it may it must have appealed to the young Rothbard’s sense of justice. None the less, note how Oppenheimer’s historical state differs from the purely theoretical view that Rothbard adopted in his maturity, i.e., that a state is any agency which enjoys a monopoly of force over a given territory.
If, as per what is being argued here, there is a difference in ethics (including political ethics) between those systems grounded on substance and those grounded in form, we can draw a significant contrast between Oppenheimers anti-statism and the anti-statism which Rothbard endorsed in his maturity. The former may be considered a substantial and the latter a formal theory. If furthermore, as circumstances seem to indicate, Rothbard was first persuaded of anarchism by Oppeheimer’s theory, why did he subsequently reformulate his anti-statist arguments on purely formal grounds, specifically the NAP? No doubt one reason for a free-market economist to distance himself from Oppenheimer’s theory was its quasi-Marxist historical assumptions which run counter to the idealized account of the origin of private property found in Lock. However this doesn’t explain Rothbard’s turn from substance to form in ethics.
Perhaps a clue to this turn is the early Rothbard’s involvement with the Ayn Rand circle. Like Rand, Rothbard was searching for an integral philosophical world view which would establish the rights of the individual on a deeper foundation than economic utility. I inclined to defend Rand as a philosopher “with a chest” using reason to discover those noble passions which make human life meaningful. It seems to me that she was on the right path, and yet a path fraught with dangers, much like the dangerous passions which confronted the companions of Socrates as depicted in Plato’s Symposium. Unfortunately “Mrs. Reason” devolved into a hysteric who ran a personality cult from her New York apartment. This development was profoundly disturbing and perhaps even psychologically damaging to the youthful Rothbard. Just as he had distanced himself from Oppenheimer’s sociology, Rothbard needed to disengage himself from Rand’s philosophy in order to consolidate an independent identity, both for himself and for the budding libertarian movement. It seems to me that it was the latter rather than the former break which motivated Rothbard’s turn to formal ethics.
Rothbard himself was, by all accounts, a true “man with a chest”…a man of wit, conviviality, and common sense who could launch into acrimony if provoked. Although a person of many talents he never claimed to be a systematic philosopher with independent notions regarding epistemology or ontology. Rand did, and in order to avoid the image of a groundless eclecticism, something the Rand’s followers would likely pounce on, Rothbard made a gesture of covering his metaphysical bases by adopting the oxymoronic label of an”atheistic Thomist.” In reality he gave up any substantive ontological investigations in quest of a philosophy which might be able to rival, or to complete, that of Rand. This meant that for Rothbard, the sciences, and especially the sciences of interest to him (economics, politics, and history) could be investigated without any integral connection to philosophy.
Perhaps the methodological autonomy of the separate sciences is a defensible notion. However their total independence of philosophy contravenes the ideal, not just espoused by Rand but by many others, of an integral world-view founded on human values. In lieu of this Rothbard picked up on the notion of value-freedom which he got from Ludwig von Mises, who in turn got it from Max Weber. Yet since one cannot motivate a political movement with value-freedom, some basic principle of ethics must be invoked. The declaration his personal independence, and that of economics and politics as disciplines, from value-theory (at least in its Randian form) compelled Rothbard to chose some version of formal ethics as a rallying cry for libertarianism. Not one for half-measures, Rothbard chose the most simple and rhetorically potent of all formal standards, the Non Aggression Principle.
However in making this turn, Rothbard lost the ability to differentiate the state from all other forms of governance, a difficulty which Oppenheimer’s theory, whatever its other weaknesses may have been, was able to avoid. If one simply defines the state as a monopoly of coercion over a specific territory, the concept of a state losses most of its meaning. By this definition Bismark’s Prussia and the island of “Swiss family Robinson” would both constitute states. Indeed, some leftist-anarchists would be happy to condemn familial, traditional or localized forms of authority as morally equivalent to state coercion, but this was hardly Rothbard’s intention. None the less, in his aversion to the historicism required to differentiate the state from other social forms, and in his enthusiasm for applying a unified moral standard of judgement to a free society, he was led into ethical formalism. The state is immoral not because it is a monopoly (monopolies being a possible market outcome) but because they are coercive, which leads back to the primacy of the NAP in Rothbard’s ethics.
If the rightness or wrongness of all human actions is to be judged by the NAP and only the NAP, problems arise for non-state social institutions, many of which practice some sort of coercion. Of course Rothbard understood that this was problematic, and he tried to reinstate the legitimacy of traditional institutions by universalizing the notions of right and contract into an explicit moral standard. Notably, he proposed that children have an obligation to obey their parents because they are trespassing on the parent’s territory. Unfortunately, one would not be surprised to hear such a standard adopted by a court in, say, a contemporary custody dispute. However such a criteria based on the legitimacy or otherwise of using force obviously falls short of how most people would define the essence of family relationships. None the less, to condemn such a criteria as legalistic misses the point, for in law one must use legal definitions.
The problem is not mere legalism, but the more inclusive problem of ethical formalism. In ethical formalism, ethics are separated from ontology, and rights are apt to become floating abstractions, separated from the people, actions, and things to which they obtain. Rights and duties within, say, a family are not conferred merely by the state, but neither are they conferred by some sort of hypothetical contract. In a well functioning society, defining people in accordance to their rights would be only be resorted to under conditions of conflict, and would not reflect the essence or basic quality of human relations under most circumstances. Rothbard, as a person of common sense, understood this kind of thing intuitively, but his passion for liberty led him to simplify the problem of mutually just human relations under the rubric of the NAP.
During Rothbard’s lifetime this radical simplification of ethics allowed him to consolidate a political movement which was able to steal the thunder from rival forces on both the right and the left. With a single blow, it could be argued with geometrical precision how peace and free markets were inextricably joined. This had many good effects, but the one frequently bad effect was an increasing divorce of theory from reality. Subsequently, there has been a tendency among libertarians (at least those who follow Rothbard’s line of thinking) to deduce all law from the NAP, and to reduce all sociology, if not to the NAP, at least from the theory of human action (i.e., Praxiology) which Rothbard, among others, inherited from von Mises. Mises, it should be noted, was a Kantian, which is to say a formalist.
The takeaway, or rather, the Zeus of libertarianism revealed at last
Today Libertarianism, and more specifically libertarian theory is in crisis. Unlike prior periods when classical liberalism believed itself to be fighting against a clear opponent, the unitary state, the situation has become vastly more complicated. The Leviathan state not only still exists but has grown many more heads, most of them semi-private or private, and under the water line lurk many invisible entities, deep states, rogue states, and false opposition elements. Some even wonder if Libertarianism itself has become a form of false opposition. To be sure the expression “Beltway (a.k.a. Washington area) Libertarian” often evokes reactions ranging from skepticism to disgust. What is the true libertarian to do, except perhaps clutch at the form of the NAP and utter a pox on all their houses?
To be sure, a world in which the substance, not necessarily the form, of the NAP ceased to exist, would not be a world most people would want to live in. For that substance is nothing other than liberty of life, person, and property. But the mere formulation has not been successful, at least of late, in preserving the substance inviolable. A rethinking of libertarianism, perhaps on the basis of value-theory, is in order. In the meanwhile the movement is saddled with the NAP which was bequeathed to it by Murry Rothbard. A beautiful principle to be sure, but one which, being value-neutral in regards to anything other than aggression, cannot resolve any substantial social issue. Predictably, todays libertarians can be found each side of every significant political issue. This may be a tribute to principled individualism, but it hardly fulfills the requirements of a political movement.
And who, one might wonder, did Rothbard get the NAP from? Not from Oppenheimer, not from Rand, and not from all those wonderful, colorful eccentrics who emerged out of the Old Right, from the time of Taft to the time of Goldwater. No, the NAP comes directly from that dour and rather sinister fixture of 19th century British thought, Herbert Spencer. So we should let Spencer have the last word. Rights are important to be true, but rights are not what the human project is really about. The human project is about evolution, and evolve we must. That is the message. It is not a particularly comforting message, since human rights are likely to be trampled underfoot in the stampeed of evolution. But if you are a Beltway Libertarian, it is certainly a great star to hitch up with your ideology. After all, ideologies may not have the truth value of a philosophy, but they can have plenty of cash-value. One might suspect indeed that evolutionary ethics is even more inadequate than formal ethics, but in case of conflict it has a tendency to win out over formalist scruples. Indeed, are not evolutionary ethics a case of men without chests sitting on dead men’s chests?