[net.politics.theory] Walls, constraints, and liberty

hfavr@mtuxo.UUCP (a.reed) (12/09/85)

Richard Carnes, ihnp4!gargoyle!carnes writes:
> Libertarians rightly believe that the liberty (= freedom) of East
> Berliners is diminished by the fact that they are not permitted to
> cross the Wall.  So libertarians owe us an answer to the following
> question:  Why is it a restriction on liberty to wall people in, but
> not a restriction on liberty to wall people out?  (And how do you
> tell the difference between walling in and walling out, on a round
> planet?)  The point of my island story is to show that if, as
> libertarians believe, walling out does not diminish liberty, then
> someone who would ordinarily be considered imprisoned has not had his
> liberty diminished, and since this is absurd, libertarians misuse the
> concept of liberty.
> Lest anyone think I am setting up a straw man, let me quote the
> distinguished libertarian philosopher Antony Flew, certainly not a
> Brain-Damaged Libertarian, in the Fontana *Dictionary of Philosophy*.
> He defines libertarianism as "wholehearted political and economic
> liberalism, opposed to any social and legal constraints on individual
> freedom."  But if this is true, and if private property is a basic
> principle of libertarianism, it follows that libertarians believe
> that the existence of private property does not entail any social or
> legal constraints on individual liberty.  This is clearly absurd.

I probably should start this by saying something like "The above
non-sequitur is typical of the Brain-Damaged Socialists on the net".
Having complied with the Richard Carnes protocol, let me discuss the
issue. Yes, Libertarians are opposed to any social and legal constraints
on individual freedom. However, being opposed to something does not
imply the belief that what one opposes may be completely dispensed with
without other, unacceptable consequences. Without the constraint against
doing things that unacceptably constrain the freedom of others, no one's
freedom amounts to anything. Now if one is opposed to something that
cannot be ABOLISHED without unacceptable consequences, one can still
attempt to MINIMIZE what one opposes, subject to recognized conditions.
Thus, it does not follow from Flew's statement that "libertarians
believe that the existence of private property does not entail any
social or legal constraints on individual liberty", but rather that the
constraints it does entail are in the minimal set (that is, in the set
of social and legal constraints that keep the total impact of remaining
constraints to the bare minimum).

Next, about walling in and walling out. Under a Libertarian definition of
rights, such as the one I proposed in an earlier article [A RIGHT to do
something is the condition of not being subject to (morally or
politically) legitimate coercion in consequence of having done it.];
there is nothing to keep a Libertarian in Libertaria from performing
an action he or she has no right to perform, if the prospective penalty
is preferred to the consequences of not performing it. In no Libertarian
legal system I can think of, is a first offense of simple trespass, with
no violence or threat of violence, punished by anything beyond a small
fine. Given the fact that armed VoPos shooting to kill are not enough to
keep East Germans from trying to escape, it is exceedingly unlikely that
the prospect of paying a small fine (for crossing a private Wall without
the owner's permission) would be enough to keep people imprisoned. And,
in the unlikely case that anything like Carnes' example ever happened in
Libertaria, the local chapter of the equivalent of the ACLU would
probably set up a private charitable fund to pay fines on behalf of any
refugees who could not pay them. Now, can we go back to discussing
something real?
			Adam Reed (ihnp4!mtuxo!hfavr)