I. With regard to every man's self-interest, especially on the basis of the law of equal liberty, Tucker rejects the State; and that universally, not merely for special circumstances determined by place and time. For the State is "the embodiment of the principle of invasion."[706]
1. "Two elements are common to all the institutions to which the name 'State' has been applied: first, aggression."[707] "Aggression, invasion, government, are interconvertible terms."[708] "This is the Anarchistic definition of government: the subjection of the non-invasive individual to an external will."[709] And "second, the assumption of authority over a given area and all within it, exercised generally for the double purpose of more complete oppression of its subjects and extension of its boundaries."[710] Therefore "this is the Anarchistic definition of the State: the embodiment of the principle of invasion in an individual, or a band of individuals, assuming to act as representatives or masters of the entire people within a given area."[711]
"Rule is evil, and it is none the better for being majority rule."[712] "The theocratic despotism of kings or the democratic despotism of majorities"[713] are alike condemnable. "What is the ballot? It is neither more nor less than a paper representative of the bayonet, the billy, and the bullet. It is a labor-saving device for ascertaining on which side force lies and bowing to the inevitable. The voice of the majority saves bloodshed, but it is no less the arbitrament of force than is the decree of the most absolute of despots backed by the most powerful of armies."[714]
2. "In the first place, all the acts of governments are indirectly invasive, because dependent upon the primary invasion called taxation."[715] "The very first act of the State, the compulsory assessment and collection of taxes, is itself an aggression, a violation of equal liberty, and, as such, vitiates every subsequent act, even those acts which would be purely defensive if paid for out of a treasury filled by voluntary contributions. How is it possible to sanction, under the law of equal liberty, the confiscation of a man's earnings to pay for protection which he has not sought and does not desire?"[716]
"And, if this is an outrage, what name shall we give to such confiscation when the victim is given, instead of bread, a stone, instead of protection, oppression? To force a man to pay for the violation of his own liberty is indeed an addition of insult to injury. But that is exactly what the State is doing."[717] For "in the second place, by far the greater number of their acts are directly invasive, because directed, not to the restraint of invaders, but to the denial of freedom to the people in their industrial, commercial, social, domestic, and individual lives."[718]
"How thoughtless, then, to assert that the existing political order is of a purely defensive character!"[719] "Defence is a service, like any other service. It is labor both useful and desired, and therefore an economic commodity subject to the law of supply and demand. In a free market this commodity would be furnished at the cost of production. The production and sale of this commodity are now monopolized by the State. The State, like almost all monopolists, charges exorbitant prices. Like almost all monopolists, it supplies a worthless, or nearly worthless, article. Just as the monopolist of a food product often furnishes poison instead of nutriment, so the State takes advantage of its monopoly of defence to furnish invasion instead of protection. Just as the patrons of the one pay to be poisoned, so the patrons of the other pay to be enslaved. And the State exceeds all its fellow-monopolists in the extent of its villany because it enjoys the unique privilege of compelling all people to buy its product whether they want it or not."[720]
3. It cannot be alleged in favor of the State that it is necessary as a means for combating crime.[721] "The State is itself the most gigantic criminal extant. It manufactures criminals much faster than it punishes them."[722] "Our prisons are filled with criminals which our virtuous State has made what they are by its iniquitous laws, its grinding monopolies, and the horrible social conditions that result from them. We enact many laws that manufacture criminals, and then a few that punish them."[723]
No more can the State be defended on the ground that it is wanted for the relief of suffering. "The State is rendering assistance to the suffering and starving victims of the Mississippi inundation. Well, such work is better than forging new chains to keep the people in subjection, we allow; but is not worth the price that is paid for it. The people cannot afford to be enslaved for the sake of being insured. If there were no other alternative, they would do better, on the whole, to take Nature's risks and pay her penalties as best they might. But Liberty supplies another alternative, and furnishes better insurance at cheaper rates. Mutual insurance, by the organization of risk, will do the utmost that can be done to mitigate and equalize the suffering arising from the accidental destruction of wealth."[724]
II. Every man's self-interest, and equal liberty particularly, demands, in place of the State, a social human life on the basis of the legal norm that contracts must be lived up to. The "voluntary association of contracting individuals"[725] is to take the place of the State.
1. "The Anarchists have no intention or desire to abolish society. They know that its life is inseparable from the lives of individuals; that it is impossible to destroy one without destroying the other."[726] "Society has come to be man's dearest possession. Pure air is good, but no one wants to breathe it long alone. Independence is good, but isolation is too heavy a price to pay for it."[727]
But men are not to be held together in society by a concrete supreme authority, but solely by the legally binding force of contract.[728] The form of society is to be "voluntary association,"[729] whose "constitution"[730] is nothing but a contract.
2. But what is to be the nature of the voluntary association in detail?
In the first place, it cannot bind its members for life. "The constituting of an association in which each member waives the right of secession would be a mere form, which every decent man who was a party to it would hasten to violate and tread under foot as soon as he appreciated the enormity of his folly. To indefinitely waive one's right of secession is to make one's self a slave. Now, no man can make himself so much a slave as to forfeit the right to issue his own emancipation proclamation."[731]
In the next place, the voluntary association, as such, can have no dominion over a territory. "Certainly such voluntary association would be entitled to enforce whatever regulations the contracting parties might agree upon within the limits of whatever territory, or divisions of territory, had been brought into the association by these parties as individual occupiers thereof, and no non-contracting party would have a right to enter or remain in this domain except upon such terms as the association might impose. But if, somewhere between these divisions of territory, had lived, prior to the formation of the association, some individual on his homestead, who for any reason, wise or foolish, had declined to join in forming the association, the contracting parties would have had no right to evict him, compel him to join, make him pay for any incidental benefits that he might derive from proximity to their association, or restrict him in the exercise of any previously-enjoyed right to prevent him from reaping these benefits. Now, voluntary association necessarily involving the right of secession, any seceding member would naturally fall back into the position and upon the rights of the individual above described, who refused to join at all. So much, then, for the attitude of the individual toward any voluntary association surrounding him, his support thereof evidently depending upon his approval or disapproval of its objects, his view of its efficiency in attaining them, and his estimate of the advantages and disadvantages involved in joining, seceding, or abstaining."[732]
For the members of the voluntary association numerous obligations arise from their membership. The association may require, as a condition of membership, the agreement to perform certain services,—for instance, "jury service."[733] And "inasmuch as Anarchistic associations recognize the right of secession, they may utilize the ballot, if they see fit to do so. If the question decided by ballot is so vital that the minority thinks it more important to carry out its own views than to preserve common action, the minority can withdraw. In no case can a minority, however small, be governed without its consent."[734] The voluntary association is entitled to compel its members to live up to their obligations. "If a man makes an agreement with men, the latter may combine to hold him to his agreement";[735] therefore a voluntary association is "entitled to enforce whatever regulations the contracting parties may agree upon."[736] To be sure, one must bear in mind that "very likely the best way to secure the fulfilment of promises is to have it understood in advance that the fulfilment is not to be enforced."[737]
Of especial importance among the obligations of the members of a voluntary association is the duty of paying taxes; but the tax is voluntary by virtue of the fact that it is based on contract.[738] "Voluntary taxation, far from impairing the association's credit, would strengthen it";[739] for, in the first place, because of the simplicity of its functions, the association seldom or never has to borrow; in the second place, it cannot, like the present State upon its basis of compulsory taxation, repudiate its debts and still continue business; and, in the third place, it will necessarily be more intent on maintaining its credit by paying its debts than is the State which enforces taxation.[740] And furthermore, the voluntariness of the tax has this advantage, that "the defensive institution will be steadily deterred from becoming an invasive institution through fear that the voluntary contributions will fall off; it will have this constant motive to keep itself trimmed down to the popular demand."[741]
"Ireland's true order: the wonderful Land League, the nearest approach, on a large scale, to perfect Anarchistic organization that the world has yet seen. An immense number of local groups, scattered over large sections of two continents separated by three thousand miles of ocean; each group autonomous, each free; each composed of varying numbers of individuals of all ages, sexes, races, equally autonomous and free; each inspired by a common, central purpose; each supported entirely by voluntary contributions; each obeying its own judgment; each guided in the formation of its judgment and the choice of its conduct by the advice of a central council of picked men, having no power to enforce its orders except that inherent in the convincing logic of the reasons on which the orders are based; all co-ordinated and federated, with a minimum of machinery and without sacrifice of spontaneity, into a vast working unit, whose unparalleled power makes tyrants tremble and armies of no avail."[742]
3. Among the prominent associations of the new society are mutual insurance societies and mutual banks,[743] and, especially, defensive associations.
"The abolition of the State will leave in existence a defensive association"[744] which will give protection against those "who violate the social law by invading their neighbors."[745] To be sure, this need will be only transitory. "We look forward to the ultimate disappearance of the necessity of force even for the purpose of repressing crime."[746] "The necessity for defence against individual invaders is largely and perhaps, in the end, wholly due to the oppressions of the invasive State. When the State falls, criminals will begin to disappear."[747]
A number of defensive associations may exist side by side. "There are many more than five or six insurance companies in England, and it is by no means uncommon for members of the same family to insure their lives and goods against accident or fire in different companies. Why should there not be a considerable number of defensive associations in England, in which people, even members of the same family, might insure their lives and goods against murderers or thieves? Defence is a service, like any other service."[748] "Under the influence of competition the best and cheapest protector, like the best and cheapest tailor, would doubtless get the greater part of the business. It is conceivable even that he might get the whole of it. But, if he should, it would be by his virtue as a protector, not by his power as a tyrant. He would be kept at his best by the possibility of competition and the fear of it; and the source of power would always remain, not with him, but with his patrons, who would exercise it, not by voting him down or by forcibly putting another in his place, but by withdrawing their patronage."[749] But, if invader and invaded belong to different defensive associations, will not a conflict of associations result? "Anticipations of such conflicts would probably result in treaties, and even in the establishment of federal tribunals, as courts of last resort, by the co-operation of the various associations, on the same voluntary principle in accordance with which the associations themselves were organized."[750]
"Voluntary defensive associations acting on the Anarchistic principle would not only demand redress for, but would prohibit, all clearly invasive acts."[751] To fulfil this function they may choose any appropriate means, without thereby exercising a government. "Government is the subjection of the non-invasive individual to a will not his own. The subjection of the invasive individual is not government, but resistance to and protection from government."[752]—"Anarchism recognizes the right to arrest, try, convict, and punish for wrong doing."[753] "Anarchism will take enough of the invader's property from him to repair the damage done by his invasion."[754] "If it can find no better instrument of resistance to invasion, Anarchism will use prisons."[755] It admits even capital punishment. "The society which inflicts capital punishment does not commit murder. Murder is an offensive act. The term cannot be applied legitimately to any defensive act. There is nothing sacred in the life of an invader, and there is no valid principle of human society that forbids the invaded to protect themselves in whatever way they can."[756] "It is allowable to punish invaders by torture. But, if the 'good' people are not fiends, they are not likely to defend themselves by torture until the penalties of death and tolerable confinement have shown themselves destitute of efficacy."[757]—"All disputes will be submitted to juries."[758] "Speaking for myself, I think the jury should be selected by drawing twelve names by lot from a wheel containing the names of all the citizens in the community."[759] "The juries will judge not only the facts, but the law, the justice of the law, its applicability to the given circumstances, and the penalty or damage to be inflicted because of its infraction."[760]
