The Right to Ignore the State-Herbert Spencer on the right to be left alone.

Monday, November 15, 2010
By Paul Martin

Mises.org

[This essay is taken from chapter 19 of Spencer's first major work of political philosophy — Social Statics: or, The Conditions essential to Happiness specified, and the First of them Developed (1851) — in which his first principle is that of Equal Liberty: "that every man may claim the fullest liberty to exercise his faculties compatible with the possession of like liberty by every other man."]

1. Voluntary Outlawry

As a corollary to the proposition that all institutions must be subordinated to the law of equal freedom, we cannot choose but admit the right of the citizen to adopt a condition of voluntary outlawry. If every man has freedom to do all that he wills, provided he infringes not the equal freedom of any other man, then he is free to drop connection with the state — to relinquish its protection, and to refuse paying towards its support.

It is self-evident that in so behaving he in no way trenches upon the liberty of others; for his position is a passive one; and whilst passive he cannot become an aggressor. It is equally self-evident that he cannot be compelled to continue one of a political corporation, without a breach of the moral law, seeing that citizenship involves payment of taxes; and the taking away of a man’s property against his will is an infringement of his rights.

Government being simply an agent employed in common by a number of individuals to secure to them certain advantages, the very nature of the connection implies that it is for each to say whether he will employ such an agent or not. If any one of them determines to ignore this mutual-safety confederation, nothing can be said except that he loses all claim to its good offices, and exposes himself to the danger of maltreatment — a thing he is quite at liberty to do if he likes. He cannot be coerced into political combination without a breach of the law of equal freedom; he can withdraw from it without committing any such breach; and he has therefore a right so to withdraw.

2. Legislative Authority Can Never Be Ethical

The Rest…HERE

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