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F Essays In Political Economy r o m t h e L …

Tags: aggression, belief, collective security, conclusion, cooperation, division of labor, hobbes, justification, legitimacy, mankind, market competition, mong, myth, political economy, private production, private property owners, thesis, wolf,
Pages: 19
Language: english
Created: Tue Nov 30 16:03:42 1999
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F
    Essays
    In Political Economy
    r    o   m   t   h   e   L   u   d   w   i   g   v   o   n   M   i   s   e   s   I n s t i t u t e




        Among the most popular and consequential beliefs of our
            age is the belief in collective security. Nothing less
         significant than the legitimacy of the modern state rests
        on this belief. And yet, the idea of a collective security is a
         myth that provides no justification for the modern state.
            Private-property owners, cooperation based on the
                 division of labor, and market competition
             can and should provide defense from aggression.
                         THE PRIVATE PRODUCTION
                               OF D EFENSE
                                         HANS -HERMANN H OPPE




A        mong the most popular and consequential
         beliefs of our age is the belief in collective
         security. Nothing less significant than the
legitimacy of the modern state rests on this belief.
    I will demonstrate that the idea of collective
                                                          has the power to impose taxes in order to provide
                                                          security "collectively."
                                                               In commenting on this argument, there is little
                                                          use in quarreling over whether man is as bad and
                                                          wolf-like as Hobbes supposes, except to note that
security is a myth that provides no justification for     Hobbes's thesis obviously cannot mean that man
the modern state, and that all security is and must       is driven only and exclusively by aggressive in-
be private. Yet, before coming to the conclusion let      stincts. If this were the case, mankind would have
me begin with the problem. First, I will present a        died out long ago. The fact that he did not dem-
two-step reconstruction of the myth of collective         onstrates that man also possesses reason and is
security, and at each step raise a few theoretical        capable of constraining his natural impulses. The
concerns.                                                 quarrel is only with the Hobbesian solution. Given
      The myth of collective security can also be         man's nature as a rational animal, is the proposed
called the Hobbesian myth. Thomas Hobbes, and             solution to the problem of insecurity an improve-
countless political philosophers and economists           ment? Can the institution of a state reduce aggres-
after him, argued that in the state of nature, men        sive behavior and promote peaceful cooperation,
would constantly be at each others' throats. Homo         and thus provide for better private security and
homini lupus est. Put in modern jargon, in the state      protection? The difficulties with Hobbes's argu-
of nature a permanent underproduction of security         ment are obvious. For one, regardless of how bad
would prevail. Each individual, left to his own           men are, S --whether king, dictator, or elected
devices and provisions, would spend too little on         president--is still one of them. Man's nature is not
his own defense, and hence, permanent interper-           transformed upon becoming S. Yet how can there
sonal warfare would result. The solution to this          be better protection for A and B, if S must tax them
presumably intolerable situation, according to            in order to provide it? Is there not a contradiction
Hobbes and his followers, is the institution of a         within the very construction of S as an expropriat-
state. In order to institute peaceful cooperation         ing property protector? In fact, is this not exactly
among themselves, two individuals, A and B, re-           what is also--and more appropriately--referred
quire a third independent party, S, as ultimate           to as a protection racket? To be sure, S will make peace
judge and peacemaker. However, this third party,          between A and B but only so that he himself in
S, is not just another individual, and the good           turn can rob both of them more profitably.
provided by S, that of security, is not just another      Surely S is better protected, but the more he is
"private" good. Rather, S is a sovereign and has as       protected, the less A and B are protected from
such two unique powers. On the one hand, S can            attacks by S. Collective security, it would seem, is
insist that his subjects, A and B, not seek protection    not better than private security. Rather, it is the
from anyone but him; that is, S is a compulsory           private security of the state, S, achieved through the
territorial monopolist of protection. On the other        expropriation, i.e., the economic disarmament,
hand, S can determine unilaterally how much A             of its subjects. Further, statists from Thomas Hobbes
and B must spend on their own security; that is, S        to James Buchanan have argued that a protective state

                                                                              THE LUDWIG VON MISES INSTITUTE 1
                                          THE PRIVATE PRODUCTION OF DEFENSE

S would come about as the result of some sort of                     First, there appears to be an empirical anomaly for
                              1
"constitutional" contract. Yet, who in his right                     which the Hobbesian argument cannot account.
mind would agree to a contract that allowed one's                    The reason for the warring among different states
protector to determine unilaterally--and irrevo-                     S1, S2, and S3, according to Hobbes, is that they
cably--the sum that the protected must pay for his                   are in a state of anarchy vis­ŕ­vis each other. How-
                                                 2
protection; and the fact is, no one ever has!                        ever, before the arrival of a single world state not
     Let me interrupt my discussion here, and re-                    only are S1, S2, and S3 in a state of anarchy relative
turn to the reconstruction of the Hobbesian myth.                    to each other but in fact every subject of one state
Once it is assumed that in order to institute peace-                 is in a state of anarchy vis­ŕ­vis every subject of any
ful cooperation between A and B it is necessary to                   other state. Accordingly, there should exist just as
have a state S, a two-fold conclusion follows. If                    much war and aggression between the private citi-
more than one state exists, S1, S2, S3, then, just as                zens of various states as between different states.
there can presumably be no peace among A and B                       Empirically, however, this is not so. The private
without S, so there can be no peace between the                      dealings between foreigners appear to be signifi-
states S1, S2, and S3 as long as they remain in a                    cantly less war-like than the dealings between dif-
state of nature (i.e., a state of anarchy) with regard               ferent governments. Nor does this seem to be
to each other. Consequently, in order to achieve                     surprising. After all, a state agent S, in contrast to
universal peace, political centralization, unification,              every one of its subjects, can rely on domestic
and ultimately the establishment of a single world                   taxation in the conduct of his foreign affairs. Given
government are necessary.                                            his natural human aggressiveness, however pro-
     Commenting on this argument, it is first useful                 nounced it may initially be, is it not obvious that S
                                                                     will be more brazen and aggressive in his conduct
to indicate what can be taken as non-controversial.
                                                                     toward foreigners if he can externalize the cost of
To begin with, the argument is correct, as far as it
goes. If the premise is correct, then the conse-                     such behavior onto others? Surely, I am willing to
                                                                     take greater risks and engage in more provocation
quence spelled out follows. The empirical assump-
                                                                     and aggression if I can make others pay for it. And
tions involved in the Hobbesian account appear at
                                                                     surely there is a tendency of one state--one pro-
first glance to be borne out by the facts, as well. It               tection racket--to want to expand its territorial
is true that states are constantly at war with each
                                                                     protection monopoly at the expense of other states
other, and a historical tendency toward political
centralization and global rule does indeed appear                    and thus bring about, as the ultimate result of
                                                                     interstate competition, world government.3 But
to be occurring. Quarrels arise only with the expla-
                                                                     how is this an improvement in the provision of
nation of this fact and tendency, and the classifica-
                                                                     private security and protection? The opposite
tion of a single unified world state as an improvement               seems to be the case. The world state is the winner
in the provision of private security and protection.
                                                                     of all wars and the last surviving protection racket.
                                                                     Doesn't this make it particularly dangerous? And
    1
      James M. Buchanan and Gordon Tullock, The Calculus             will not the physical power of any single world
of Consent (Ann Arbor: University of Michigan Press, 1962);          government be overwhelming as compared to that
James M. Buchanan, The Limits of Liberty (Chicago: Univer-           of any one of its individual subjects?
sity of Chicago Press, 1975); for a critique see Murray N.
Rothbard, "Buchanan and Tullock's Calculus of Consent," in
idem, The Logic of Action, vol. 2, Applications and Criticism from
                                                                               THE EMPIRICAL EVIDENCE
the Austrian School (Cheltenham: Edward Elgar, 1995); idem,              Let me pause here in my abstract theoretical
"The Myth of Neutral Taxation," ibid.; Hans-Hermann                  considerations to take a brief look at the empirical
Hoppe, The Economics and Ethics of Private Property (Boston:         evidence bearing on the issue at hand. As noted at
Kluwer, 1993), chap. 1.
     2
      See on this particular point, Lysander Spooner, No
                                                                         3
Treason: The Constitution of No Authority (Larkspur, Colo.: Pine           See Hans-Hermann Hoppe, "The Trouble With Classi-
Tree Press, 1996).                                                   cal Liberalism," Rothbard­Rockwell Report 9, no. 4 (1998).

2 THE LUDWIG VON MISES INSTITUTE
                                      ESSAYS IN POLITICAL ECONOMY

the outset, the myth of collective security is as       the substitution of government paper money for
widespread as it is consequential. I am not aware       gold, financial insecurity has increased sharply, and
of any survey on this matter, but I would venture       we are continually robbed through currency depre-
to predict that the Hobbesian myth is accepted          ciation. Every detail of private life, property, trade,
more or less unquestioningly by well over 90 per-       and contract is regulated by ever higher mountains
cent of the adult population. However, to believe       of laws (legislation), thereby creating permanent
something does not make it true. Rather, if what        legal uncertainty and moral hazard. In particular,
one believes is false, one's actions will lead to       we have been gradually stripped of the right to
failure. What about the evidence? Does it support       exclusion implied in the very concept of private
Hobbes and his followers, or does it confirm the        property. As sellers we cannot sell to and as buyers
opposite anarchist fears and contentions?               we cannot buy from whomever we wish. And as
                                                        members of associations we are not permitted to
    The U.S. was explicitly founded as a protective     enter into whatever restrictive covenant we believe
state ŕ la Hobbes. Let me quote to this effect from     to be mutually beneficial. As Americans, we must
Jefferson's Declaration of Independence: "We hold       accept immigrants we do not want as our neigh-
these truths to be self-evident: that all men are       bors. As teachers, we cannot get rid of lousy or
created equal; that they are endowed by their           ill-behaved students. As employers, we are stuck
creator with inalienable rights; that among these       with incompetent or destructive employees. As
are life, liberty, and the pursuit of happiness: that   landlords, we are forced to cope with bad tenants.
to secure these rights, governments are instituted      As bankers and insurers, we are not allowed to
among men, deriving their just powers from the          avoid bad risks. As restaurant or bar owners, we
consent of the governed." Here we have it: The          must accommodate unwelcome customers. And as
U.S. government was instituted to fulfill one and       members of private associations, we are compelled
only one task: the protection of life and property.     to accept individuals and actions in violation of our
Thus, it should provide the perfect example for         own rules and restrictions. In short, the more the
judging the validity of the Hobbesian claim as to       state has increased its expenditures on social secu-
the status of states as protectors. After more than     rity and public safety, the more our private prop-
two centuries of protective statism, what is the        erty rights have been eroded, the more our
status of our protection and peaceful human coop-       property has been expropriated, confiscated, de-
eration? Was the American experiment in protec-         stroyed, or depreciated, and the more we have
tive statism a success?                                 been deprived of the very foundation of all protec-
    According to the pronouncements of our state        tion: economic independence, financial strength,
rulers and their intellectual bodyguards (of whom       and personal wealth.4 The path of every president
there are more than ever before), we are better         and practically every member of Congress is lit-
protected and more secure than ever. We are             tered with hundreds of thousands if not millions
supposedly protected from global warming and            of nameless victims of personal economic ruin,
cooling, from the extinction of animals and plants,     financial bankruptcy, impoverishment, despair,
from the abuses of husbands and wives, parents and      hardship, and frustration.
employers, from poverty, disease, disaster, igno-            The picture appears even bleaker when we
rance, prejudice, racism, sexism, homophobia, and       consider foreign affairs. Never during its entire
countless other public enemies and dangers. In          history has the continental U.S. been territorially
fact, however, matters are strikingly different. In     attacked by any foreign army. (Pearl Harbor was
order to provide us with all this protection, the       the result of a preceding U.S. provocation.) Yet the
state managers expropriate more than 40 per-            U.S. has the distinction of having possessed a
cent of the incomes of private producers year in
and year out. Government debt and liabilities
                                                            4
have increased without interruption, thus increas-          See Hans-Hermann Hoppe, "Where The Right Goes
ing the need for future expropriations. Owing to        Wrong," Rothbard­Rockwell Report 8, no. 4 (1997).

                                                                           THE LUDWIG VON MISES INSTITUTE 3
                                   THE PRIVATE PRODUCTION OF DEFENSE

government that declared war against a large part         away by claiming that these facts are the result of a
of its own population and engaged in the wanton           systematic discrepancy (deviancy) between "real"
murder of hundreds of thousands of its own citi-          and "ideal" or "true" statism, respectively social-
zens. Moreover, while the relations between               ism. To this day, socialists claim that "true" social-
American citizens and foreigners do not appear to         ism has not been refuted by the empirical evidence,
be unusually contentious, almost from its very            and everything would have turned out well and
beginnings the U.S. government pursued relent-            unparalleled prosperity would have resulted, if only
less aggressive expansionism. Beginning with the          Trotsky's, or Bucharin's, or better still their very
Spanish­American War, culminating in World                own brand of socialism, rather than Stalin's, had
War I and World War II, and continuing to the             been implemented. Similarly, statists interpret all
present, the U.S. government has become en-               seemingly contradictory evidence as only acciden-
tangled in hundreds of foreign conflicts and              tal. If only some other president had come to
risen to the rank of the world's dominant impe-           power at this or that turn in history, or if only this
rialist power. Thus, nearly every president since         or that constitutional change or amendment had
the turn of this century also has been responsible        been adopted, everything would have turned out
for the murder, killing, or starvation of countless       beautifully, and unparalleled security and peace
innocent foreigners all over the world. In short,         would have resulted. Indeed, this may still happen
while we have become more helpless, impover-              in the future, if their own policies are employed.
ished, threatened, and insecure, the U.S. govern-              We have learned from Ludwig von Mises how to
ment has become ever more brazen and aggressive.          respond to the socialists' evasion (immunization)
In the name of national security, it defends us,          strategy.6 As long as the defining characteristic
equipped with enormous stockpiles of weapons of           --the essence--of socialism, i.e., the absence of the
aggression and mass destruction, by bullying ever         private ownership of the factors of production,
new "Hitlers," big or small, and all suspected            remains in place, no reform will be of any help. The
Hitlerite sympathizers anywhere and everywhere            idea of a socialist economy is a contradictio in
outside of the territory of the U.S.5                     adjecto, and the claim that socialism represents a
     The empirical evidence thus seems clear. The         higher, more efficient mode of social production
belief in a protective state appears to be a patent       is absurd. In order to reach one's own ends
error, and the American experiment in protective          efficiently and without waste within the frame-
statism a complete failure. The U.S. government           work of an exchange economy based on division of
does not protect us. To the contrary, there exists        labor, it is necessary that one engage in monetary
no greater danger to our life, property, and pros-        calculation(cost-accounting). Everywhere outside
perity than the U.S. government, and the U.S.             the system of a primitive self-sufficient single
president in particular is the world's single most        household economy, monetary calculation is the
threatening and armed danger, capable of ruining          sole tool of rational and efficient action. Only by
everyone who opposes him and destroying the               being able to compare inputs and outputs arith-
entire globe.                                             metically in terms of a common medium of ex-
                                                          change (money) can a person determine whether
          HOW TO THINK ABOUT THE                          his actions are successful or not. In distinct con-
                STATIST RESPONSE                          trast, socialism means to have no economy, no
    Statists react much like socialists when faced        economizing, at all, because under these condi-
with the dismal economic performance of the Soviet        tions monetary calculation and cost-accounting is
Union and its satellites. They do not necessarily deny    impossible by definition. If no private property in
the disappointing facts, but they try to argue them       the factors of production exists, then no prices for
                                                              6
                                                                Ludwig von Mises, Socialism (Indianapolis: Liberty
    5
     See John Denson, ed., The Costs of War (New Bruns-   Classics, 1981); Hans-Hermann Hoppe, A Theory of Socialism
wick, N.J.: Transaction Publishers, 1997).                and Capitalism (Boston: Kluwer, 1989), chap. 6.

4 THE LUDWIG VON MISES INSTITUTE
                                        ESSAYS IN POLITICAL ECONOMY

any production factor exist; hence, it is impossible       and the range of jurisdiction expanded to the
to determine whether or not they are employed              government's advantage.
economically. Accordingly, socialism is not a                   Hence, Rothbard pointed out, it follows that
higher mode of production but rather economic              just as socialism cannot be reformed but must be
chaos and regression to primitivism.                       abolished in order to achieve prosperity, so can the
     How to respond to the statists' evasion strategy      institution of a state not be reformed but must be
has been explained by Murray N. Rothbard.7 But             abolished in order to achieve justice and protec-
Rothbard's lesson, while equally simple and clear          tion. "Defense in the free society (including such
and with even more momentous implications, has             defense services to person and property as police
remained to this day far less known and appreci-           protection and judicial findings)," Rothbard con-
ated. So long as the defining characteristic--the          cluded, "would therefore have to be supplied by
essence--of a state remains in place, he explained,        people or firms who (a) gained their revenue vol-
no reform, whether on the level of personnel or of         untarily rather than by coercion and (b) did
the constitution, will be to any avail. Given the          not--as the State does--arrogate to themselves a
principle of government--judicial monopoly and             compulsory monopoly of police or judicial protec-
the power to tax--any notion of limiting its power         tion . . . . defense firms would have to be as freely
and safeguarding individual life and property is           competitive and as noncoercive against noninvad-
illusory. Under monopolistic auspices the price            ers as are all other suppliers of goods and services
of justice and protection must rise and its quality        on the free market. Defense services, like all other
must fall. A tax-funded protection agency is a             services, would be marketable and marketable
contradiction in terms and will lead to ever more          only."8 That is, every private property owner would
taxes and less protection. Even if a government            be able to partake of the advantages of the division
limited its activities exclusively to the protection       of labor and seek better protection of his property
of pre-existing property rights (as every protec-          than that afforded through self-defense by coop-
tive state is supposed to do), the further ques-           eration with other owners and their property. Any-
tion of how much security to provide would arise.          one could buy from, sell to, or otherwise contract
Motivated (like everyone else) by self-interest            with anyone else concerning protective and judicial
and the disutility of labor, but with the unique           services, and one could at any time unilaterally
power to tax, a government's answer will invariably        discontinue any such cooperation with others and
be the same: to maximize expenditures on protection        fall back on self-reliant defense, or change one's
--and almost all of a nation's wealth can conceiv-         protective affiliations.
ably be consumed by the cost of protection--and
at the same time to minimize the production of                               THE CASE FOR
protection. Furthermore, a judicial monopoly                               PRIVATE SECURITY
must lead to a deterioration in the quality of justice
and protection. If one can only appeal to govern-               Having reconstructed the myth of collective
ment for justice and protection, justice and pro-          security--the myth of the state--and criticized it
tection will be perverted in favor of government,          on theoretical and empirical grounds, I now must
constitutions, and supreme courts notwithstand-            take on the task of constructing the positive case
ing. After all, constitutions and supreme courts are       for private security and protection. In order to
state constitutions and courts, and whatever limi-         dispel the myth of collective security, it is not just
tations to government action they might contain            sufficient to grasp the error involved in the idea of
is determined by agents of the very institution            a protective state. It is just as important, if not more
under consideration. Accordingly, the definition of        so, to gain a clear understanding of how the non-
property and protection will continually be altered        statist security alternative would effectively work.
    7                                                          8
    Murray N. Rothbard, The Ethics of Liberty (New York:        Murray N. Rothbard, Power and Market (Kansas City:
New York University Press, 1998), esp. chaps. 22 and 23.   Sheed Andrews and McMeel, 1977), p. 2.

                                                                               THE LUDWIG VON MISES INSTITUTE 5
                                       THE PRIVATE PRODUCTION OF DEFENSE

Rothbard, building on the pathbreaking analysis of               on a nationwide and even international scale, and
the French­Belgian economist Gustave de Molinari,9               they own large property holdings dispersed over
has given us a sketch of the workings of a free-mar-             wide territories and beyond single state bounda-
                                       10
ket system of protection and defense. As well, we                ries. Accordingly, they have a manifest self-interest
owe Morris and Linda Tannehill for their brilliant               in effective protection, and are big and economi-
insights and analyses in this regard. 11 Following               cally powerful. Furthermore, all insurance compa-
their lead, I will proceed deeper in my analysis and             nies are connected through a network of
provide a more comprehensive view of the alterna-                contractual agreements of mutual assistance and
tive­non-statist-system of security production                   arbitration as well as a system of international
and its ability to handle attacks, not just by indi-             reinsurance agencies, representing a combined
viduals or gangs but in particular also by states.               economic power which dwarfs that of most if not
    There exists widespread agreement--among                     all existing governments.
liberal-libertarians such as Molinari, Rothbard,                      I want to further analyze and systematically
and the Tannehills as well as most other commen-                 clarify this suggestion: that protection and defense
tators on the matter--that defense is a form of                  are insurance and can be provided by insurance
insurance, and defense expenditures represent a                  agencies. To reach this goal, two issues must be
sort of insurance premium (price). Accordingly, as               addressed. First, it is not possible to insure oneself
Rothbard and the Tannehills in particular would                  against every risk of life. I cannot insure myself
emphasize, within the framework of a complex                     against committing suicide, for instance, or against
modern economy based on a worldwide division                     burning down my own house, or becoming unem-
of labor the most likely candidates for offering                 ployed, or not feeling like getting out of bed in the
protection and defense services are insurance                    morning, or not suffering entrepreneurial losses,
agencies. The better the protection of insured                   because in each case I have full or partial control
property, the lower are the damage claims and                    over the likelihood of the respective outcome.
hence an insurer's costs. Thus, to provide efficient             Risks such as these must be assumed individually.
protection appears to be in every insurer's own                  No one except myself can possibly deal with them.
financial interest; and in fact even now, although               Hence, the first question will have to be what
restricted and hampered by the state, insurance                  makes protection and defense an insurable rather
agencies provide wide-ranging services of protec-                than an uninsurable risk? After all, as we have just
tion and indemnification (compensation) to in-                   seen, this is not self-evident. In fact, doesn't eve-
jured private parties. Insurance companies fulfill               ryone have considerable control over the likeli-
a second essential requirement. Obviously, any-                  hood of an attack on and invasion of his person
one offering protection services must appear able                and property? Do I not deliberately bring about
to deliver on his promises in order to find clients.             an attack by assaulting or provoking someone
That is, he must possess the economic means                      else, for instance, and is not protection then an
--the manpower as well as the physical re-                       uninsurable risk, like suicide or unemployment,
sources--necessary to accomplish the task of                     for which each person must assume sole respon-
dealing with the dangers, actual or imagined, of                 sibility?
the real world. On this count insurance agencies                      The answer is a qualified yes and no. Yes,
appear to be perfect candidates, too. They operate               insofar as no one can possibly offer unconditional
                                                                 protection, i.e., insurance against any invasion what-
    9
      Gustave de Molinari, The Production of Security (New       soever. That is, unconditional protection can only
York: Center for Libertarian Studies, 1977).                     be provided, if at all, by each individual on his own
     10
       Murray N. Rothbard, Power and Market, chap. 1; idem,      and for himself. But the answer is no, insofar as
For A New Liberty (New York: Collier, 1978), chaps. 12 and 14.   conditional protection is concerned. Only at-
     11
       Morris and Linda Tannehill, The Market for Liberty        tacks and invasions that are provoked by the victim
(New York: Laissez Faire Books, 1984), esp. part 2.              cannot be insured. However, unprovoked and thus

6 THE LUDWIG VON MISES INSTITUTE
                                              ESSAYS IN POLITICAL ECONOMY

accidental attacks can be insured against.12 That is,              insurers in mutual arbitration proceedings, a ten-
protection becomes an insurable good only if and                   dency toward the standardization and unification
insofar as an insurance agent contractually restricts              of the rules of procedure, evidence, and conflict
the actions of the insured so as to exclude every                  resolution (including compensation, restitution,
possible provocation on their part. Various insur-                 punishment, and retribution), and steadily increas-
ance companies may differ with respect to the                      ing legal certainty would result. Everyone, by virtue
specific definition of provocation, but there can be               of buying protection insurance, would be tied into
no difference between insurers with regard to the                  a global competitive enterprise of striving to mini-
principle that each must systematically exclude                    mize aggression (and thus maximize defensive pro-
(prohibit) all provocative and aggressive action                   tection), and every single conflict and damage
among its own clients.                                             claim, regardless of where and by or against whom,
    As elementary as this first insight into the                   would fall into the jurisdiction of exactly one or
essentially defensive--non-aggressive and non-                     more enumerable and specific insurance agencies
provocative--nature of protection-insurance may                    and their mutually defined arbitration procedures.
seem, it is of fundamental importance. For one, it
implies that any known aggressor and provocateur                        MORE ON AGGRESSION INSURANCE
would be unable to find an insurer, and hence,                         Now a second question must be addressed.
would be economically isolated, weak, and vulner-                  Even if the status of defensive protection as an
able. On the other hand, it implies that anyone                    insurable good is granted, distinctly different forms
wanting more protection than that afforded by                      of insurance exist. Let us consider just two charac-
self-reliant self-defense could do so only if and                  teristic examples: insurance against natural disas-
insofar as he submitted himself to specified norms                 ters, such as earthquakes, floods, and hurricanes
of non-aggressive, civilized conduct. Furthermore,                 and insurance against industrial accidents or disas-
the greater the number of insured people--and in                   ters, such as malfunctions, explosions, or defective
a modern exchange economy most people want                         products. The former can serve as an example of
more than just self-defense for their protec-
                                                                   group or mutual insurance. Some territories are
tion--the greater would be the economic pressure                   more prone to natural disasters than others; as a
on the remaining uninsured to adopt the same or                    result the demand for and price of insurance will
similar standards of non-aggressive social conduct.                be higher in some areas than others. However,
Moreover, as the result of competition between                     every location within certain territorial borders is
insurers for voluntarily paying clients, a tendency                regarded by the insurer as homogeneous with re-
toward falling prices per insured property values                  spect to the risk concerned. The insurer presum-
would come about. At the same time, a tendency                     ably knows the frequency and extent of the event
toward the standardization and unification of                      in question for the region as a whole, but he knows
property and contract law would be set in motion.                  nothing about the particular risk of any specific
Protection contracts with standardized property                    location within the territory. In this case, every
and product descriptions would come into existence;                insured person will pay the same premium per
and out of the steady cooperation between different                insured value, and the premiums collected in one
                                                                   time period are presumably sufficient to cover all
    12
       On the "logic" of insurance see Ludwig von Mises,           damage claims during the same time period (oth-
Human Action (Chicago: Regnery, 1966), chap. 6; Murray N.          erwise the insurance industry will have losses).
Rothbard, Man, Economy, and State (Auburn, Ala.: Mises Insti-      Thus, the particular individual risks are pooled and
tute, 1993), pp. 498ff.; Hans-Hermann Hoppe, "On Certainty         insured mutually.
and Uncertainty, Or: How Rational Can Our Expectations
Be?" Review of Austrian Economics 10, no. 1 (1997); also Richard       In contrast, industrial insurance can serve as an
von Mises, Probability, Statistics, and Truth (New York: Dover,    example of individual insurance. Unlike natural dis-
1957); Frank H. Knight, Risk, Uncertainty, and Profit (Chi-        asters, the insured risk is the outcome of human
cago: University of Chicago Press, 1971).                          action, i.e., of production efforts. Every production

                                                                                      THE LUDWIG VON MISES INSTITUTE 7
                                   THE PRIVATE PRODUCTION OF DEFENSE

process is under the control of an individual pro-         health insurance. With the advances of genetics
ducer. No producer intends failure or disaster, and        and genetic engineering--genetic fingerprint-
as we have seen only accidental--non-intended--            ing--medical and health risks previously regarded
disasters are insurable. Yet even if largely control-      as homogeneous (unspecific) with respect to large
led and generally successful, every producer and           numbers of people have become increasingly more
production technology is subject to occasional             specific and heterogeneous.
mishaps and accidents beyond his control--a mar-               With this in mind, can anything specific be said
gin of error. However, as the outcome, even if             about protection insurance in particular? I would
unintended, of individual production efforts and           think so. After all, while all insurance requires that
production techniques, this risk of industrial acci-       the risk be accidental from the standpoint of the
dents is essentially different from one producer           insurer and the insured, the accident of an aggres-
and production process to another. Accordingly,            sive invasion is distinctly different from that of
the risk of different producers and production             natural or industrial disasters. Whereas natural
technologies cannot be pooled, and every producer          disasters and industrial accidents are the outcome
must be insured individually. In this case, the            of natural forces and the operation of laws of
insurer presumably will have to know the fre-              nature, aggression is the outcome of human ac-
quency of the questionable event over time, but he         tions; and whereas nature is blind and does not
knows nothing of the likelihood of the event at any        discriminate between individuals, whether at the
specific point in time, except that at all times the       same point in time or over time, an aggressor can
same producer and production technology is in              discriminate and deliberately target specific vic-
operation. There is no presumption that the pre-           tims and choose the timing of his attack.
miums collected during any given period will be
sufficient to cover all damage claims arising during
that period. Rather, the profit-making presump-                 POLITICAL BORDERS AND INSURANCE
tion is that all premiums collected over many time             Let me first contrast defense-protection insur-
periods will be sufficient in order to cover all claims    ance with that against natural disasters. Frequently
during the same multi-period time span. Conse-             an analogy between the two is drawn, and it is
quently, in this case an insurer must hold capital         instructive to examine if or to what extent it holds.
reserves in order to fulfill its contractual obligation,   The analogy is that just as every individual within
and in calculating his premiums he must take the           certain geographical regions is threatened by the
present value of these reserves into account.              same risk of earthquakes, floods, or hurricanes, so
    The second question is, then, what kind of             does every inhabitant within the territory of the
insurance can protect against aggression and inva-         U.S. or Germany, for instance, face the same risk
sion by other actors? Can it be provided as group          of being victimized by a foreign attack. Some su-
insurance, as for natural disasters, or will it have to    perficial similarity--to which I shall come
                                                           shortly--notwithstanding, it is easy to recognize
be offered in the form of individual insurance, as
                                                           two fundamental shortcomings in the analogy. For
in the case of industrial accidents?
                                                           one, the borders of earthquake, flood, or hurricane
    Let me note at the outset that both forms of           regions are established and drawn according to
insurance represent only the two possible extremes         objective physical criteria and hence can be re-
of a continuum, and that the position of any par-          ferred to as natural. In distinct contrast, political
ticular risk on this continuum is not definitively         boundaries are artificial boundaries. The borders
fixed. Owing to scientific and technological ad-           of the U.S. changed throughout the entire 19th
vances in meteorology, geology, or engineering, for        century, and Germany did not exist as such until
instance, risks that were formerly regarded as ho-         1871, but was composed of nearly 50 separate
mogeneous (allowing for mutual insurance) can              countries. Surely, no one would want to claim that
become more and more de-homogenized. Note-                 this redrawing of the U.S. or German borders was
worthy is this tendency in the field of medical and        the outcome of the discovery that the security risk

8 THE LUDWIG VON MISES INSTITUTE
                                        ESSAYS IN POLITICAL ECONOMY

of every American or German within the greater             Other things being equal, everyone will prefer safer
U.S. or Germany was, contrary to the previously            locations and forms of property to locations and
held opposite belief, homogeneous (identical).             forms which are less safe. Yet, regardless of where
     There is a second obvious shortcoming. Na-            an owner and his property are located and what-
ture--earthquakes, floods, hurricanes-- is blind           ever the property's physical form, every owner, by
in its destruction. It does not discriminate between       virtue of not abandoning his property even in view
more and less valuable locations and objects, but          of potential aggression, demonstrates his personal
attacks indiscriminately. In distinct contrast, an         willingness to protect and defend these posses-
aggressor-invader can and does discriminate. He            sions.
does not attack or invade worthless locations and               However, if the borders of private property are
things, like the Sahara Desert, but targets locations      the only non-arbitrary borders standing in system-
and things that are valuable. Other things being           atic relation to the risk of aggression, then it follows
equal, the more valuable a location and an object,         that as many different security zones as there are
the more likely it will be the target of an invasion.      separately owned property holdings exist, and that
     This raises the crucial next question. If political   these zones are no larger than the extension of
borders are arbitrary and attacks are in any case          these holdings. That is, even more so than in the
never indiscriminate but directed specifically to-         case of industrial accidents, the insurance of prop-
ward valuable places and things, are there any             erty against aggression would seem to be an exam-
non-arbitrary borders separating different secu-           ple of individual rather than group (mutual)
rity-risk (attack) zones? The answer is yes. Such          protection.
non-arbitrary borders are those of private prop-                Whereas the accident-risk of an individual pro-
erty. Private property is the result of the appropria-     duction process is typically independent of its lo-
tion and/or production of particular physical              cation--such that if the process were replicated by
objects or effects by specific individuals at specific     the same producer at different locations his mar-
locations. Every appropriator­producer (owner)             gin of error would remain the same--the risk of
demonstrates with his actions that he regards the          aggression against private property--the produc-
appropriated and produced things as valuable               tion plant--is different from one location to an-
(goods), otherwise he would not have appropriated          other. By its very nature, as privately appropriated
or produced them. The borders of everyone's                and produced goods, property is always separate
property are objective and intersubjectively ascer-        and distinct. Every property is located at a differ-
tainable. They are simply determined by the exten-         ent place and under the control of a different
sion and dimension of the things appropriated              individual, and each location faces a unique se-
and/or produced by any one particular individual.          curity risk. It can make a difference for my security,
And the borders of all valuable places and things          for instance, if I reside in the countryside or the
are coextensive with the borders of all property. At       city, on a hill or in a valley, or near or far from a
any given point in time, every valuable place and          river, ocean, harbor, railroad or street. In fact, even
thing is owned by someone; only worthless places           contiguous locations do not face the same risk. It
and things are owned by no one.                            can make a difference, for instance, if I reside
     Surrounded by other men, every appropriator           higher or lower on the mountain than my neigh-
and producer can also become the object of an              bor, upstream or downstream, closer to or more
attack or invasion. Every property--in contrast to         distant from the ocean, or simply north, south,
things (matter)--is necessarily valuable; hence,           west, or east of him. Moreover, every property,
every property owner becomes a possible target of          wherever it is located, can be shaped and trans-
other men's aggressive desires. Consequently,              formed by its owner so as to increase its safety
every owner's choice of the location and form of           and reduce the likelihood of an aggression. I may
his property will, among countless other consid-           acquire a gun or safe-deposit box, for instance,
erations, also be influenced by security concerns.         or I may be able to shoot down an attacking

                                                                               THE LUDWIG VON MISES INSTITUTE 9
                                      THE PRIVATE PRODUCTION OF DEFENSE

plane from my backyard or own a laser gun that                       Consider for a moment a completely stateless
can kill an aggressor thousands of miles away. Thus,            world. Most property owners would be individu-
no location and no property are like any other.                 ally insured by large, often multinational insurance
Every owner will have to be insured individually,               companies endowed with huge capital reserves.
and to do so every aggression-insurer must hold                 Most if not all aggressors, being bad risks, would
sufficient capital reserves.                                    be left without any insurance whatever. In this
                                                                situation, every aggressor or group of aggressors
             THE DEMOCRATIC STATE                               would want to limit their targets, preferably to
                AND TOTAL WAR                                   uninsured property, and avoid all "collateral dam-
                                                                age," as they would otherwise find themselves
    The analogy typically drawn between insurance               confronted with one or many economically pow-
against natural disasters and external aggression is            erful professional defense agencies. Likewise, all
fundamentally flawed. As aggression is never indis-             defensive violence would be highly selective and
criminate but selective and targeted, so is defense.            targeted. All aggressors would be specific individu-
Everyone has different locations and things to de-              als or groups, located at specific places and
fend, and no one's security risk is the same as                 equipped with specific resources. In response to
anyone else's. And yet the analogy also contains a              attacks on their clients, insurance agencies would
kernel of truth. However, any similarity between                specifically target these locations and resources for
natural disasters and external aggression is due not            retaliation, and they would want to avoid any col-
to the nature of aggression and defense but to the              lateral damage as they would otherwise become
rather specific nature of state-aggression and de-              entangled with and liable to other insurers.
fense (interstate warfare). As explained above, a
state is an agency that exercises a compulsory                       All of this fundamentally changes in a statist
territorial monopoly of protection and the power                world with interstate warfare. For one, if a state,
to tax, and any such agency will be comparatively               the U.S., attacks another, for instance Iraq, this is
more aggressive because it can externalize the costs            not just an attack by a limited number of people,
of such behavior onto its subjects. However, the                equipped with limited resources and located at a
existence of a state does not just increase the                 clearly identifiable place. Rather, it is an attack by
frequency of aggression; it changes its entire char-            all Americans and with all of their resources. Every
acter. The existence of states, and especially of               American supposedly pays taxes to the U.S. gov-
democratic states, implies that aggression and de-              ernment and is thus de facto, whether he wishes to
fense--war--will tend to be transformed into                    be or not, implicated in every government aggres-
total, undiscriminating, war.13                                 sion. Hence, while it is obviously false to claim that
                                                                every American faces an equal risk of being at-
    13
                                                                tacked by Iraq, (low or nonexistent as such a risk
        On the relationship between state and war, and on       is, it is certainly higher in New York City than in
the historical transformation from limited (monarchical) to     Wichita, Kansas, for instance) every American is
total (democratic) war, see Ekkehard Krippendorff, Staat
and Krieg (Frankfurt/M.: Suhrkamp, 1985); Charles Tilly,
                                                                rendered equal with respect to his own active, if
"War Making and State Making as Organized Crime," in            not always voluntary, participation in each of his
Bringing the State Back In, Peter B. Evans, Dietrich Ruesche-   government's aggressions.
meyer, Theda Skocpol, eds. (Cambridge: Cambridge Uni-                Second, just as the attacker is a state, so is the
versity Press, 1985); John F.C. Fuller, The Conduct of War      attacked, Iraq. As its U.S. counterpart, the Iraqi
(New York: Da Capo Press, 1992); Michael Howard, War
                                                                government has the power to tax its population or
in European History (New York: Oxford University Press,
1976); Hans-Hermann Hoppe, "Time Preference, Govern-
                                                                draft it into its armed forces. As taxpayer or draftee,
ment, and the Process of De-Civilization," in The Costs of      every Iraqi is implicated in his government's de-
War, John V. Denson, ed. (New Brunswick, N.J.: Transac-         fense just as every American is drawn into the U.S.
tion Publishers, 1997); Erik von Kuehnelt-Leddihn, Leftism      government's attack. Thus, the war becomes a war
Revisited (Washington, D.C.: Regnery, 1990).                    of all Americans against all Iraqis, i.e., total war.

10 THE LUDWIG VON MISES INSTITUTE
                                         ESSAYS IN POLITICAL ECONOMY

The strategy of both the attacker and the defender          challenge? In particular, how would it deal with the
state will be changed accordingly. While the at-            existence of states and state aggression?
tacker still must be selective regarding the targets             In answering these questions it is essential to
of his attack, if for no other reason than that even        recall some elementary economic insights. Other
taxing agencies (states) are ultimately constrained         things being equal, private property owners generally,
by scarcity, the aggressor has little or no incentive       and business owners in particular, prefer locations
to avoid or minimize collateral damage. To the              with low protection costs (insurance premiums) and
contrary, since the entire population and national          rising property values to those with high protection
wealth is involved in the defensive effort, collateral      costs and falling property values. Consequently,
damage, whether of lives or property, is even de-           there is a tendency toward the migration of people
sirable. No clear distinction between combatants            and goods from high risk and falling property value
and non-combatants exists. Everyone is an enemy,            areas into low risk and increasing property value
and all property provides support for the attacked          areas. Furthermore, protection costs and property
government. Hence, everyone and everything be-              values are directly related. Other things being
comes fair game. Likewise, the defender state will          equal, higher protection costs (greater attack risks)
be little concerned about collateral damage result-         imply lower or falling property values, and lower
ing from its own retaliation against the attacker.          protection costs imply higher or increasing prop-
Every citizen of the attacker state and all of their        erty values. These laws and tendencies shape the
property is a foe and enemy property and thus               operation of a competitive system of insurance-
becomes a possible target of retaliation. Moreover,         protection agencies.
every state, in accordance with this character of                First, whereas a tax-funded monopolist will
interstate war, will develop and employ more                manifest a tendency to raise the cost and price of
weapons of mass destruction, such as atomic                 protection, private profit-loss insurance agencies
bombs, rather than long-range precision weapons,            strive to reduce the cost of protection and thus
such as my imaginary laser gun.                             bring about falling prices. At the same time insur-
    Thus, the similarity between war and natural            ance agencies are more interested than anyone else
catastrophes--their seemingly indiscriminate de-            in rising property values, because this implies not
struction and devastation--is exclusively a feature         only that their own property holdings appreciate
of a statist world.                                         but in particular that there will also be more of
                                                            other people's property for them to insure. In
          INSURANCE AND INCENTIVES                          contrast, if the risk of aggression increases and
    This brings on the last problem. We have seen           property values fall, there is less value to be insured
that just as all property is private, all defense must be   while the cost of protection and price of insurance
insured individually by capitalized insurance agencies,     rises, implying poor business conditions for an
very much like industrial accident insurance. Yet, we       insurer. Consequently, insurance companies
have also seen that both forms of insurance differ in       would be under permanent economic pressure to
one fundamental respect. In the case of defense             promote the former favorable and avert the latter
insurance, the location of the insured property mat-        unfavorable condition.
ters. The premium per insured value will be different            This incentive structure has a fundamental im-
at different locations. Furthermore, aggressors can         pact on the operation of insurers. For one, as for
move around, their arsenal of weapons may change,           the seemingly easier case of the protection against
and their entire character of aggression can alter with     common crime and criminals, a system of com-
the presence of states. Thus, even given a initial
                                                 n          petitive insurers would lead to a dramatic change
property location, the price per insured value can          in current crime policy. To recognize the extent of
alter with changes in the social environment or             this change, it is instructive to look first at the
surroundings of this location. How would a system           present and thus familiar statist crime policy.
of competitive insurance agencies respond to this           While it is in the interest of state agents to combat

                                                                              THE LUDWIG VON MISES INSTITUTE 11
                                          THE PRIVATE PRODUCTION OF DEFENSE

common private crime (if only so that there is more                   victim. Thus, above all insurers would want to be
property left for them to tax), as tax-funded agents                  effective in crime prevention. And if they still could
they have little or no interest in being particularly                 not prevent it, they would want to be efficient in
effective at the task of preventing it, or else, if it has            the detection, apprehension, and punishment of
occurred, at compensating its victims and appre-                      criminal offenders, because in finding and arrest-
hending and punishing the offenders. Moreover,                        ing an offender, the insurer could force the crimi-
under democratic conditions, insult will be added                     nal--rather than the victim and its insurer--to pay
to injury. For if everyone--aggressors as well as                     for the damages and cost of indemnification.
non-aggressors and residents of high crime loca-                           More specifically, just as insurance companies
tions as well as those of low crime locations--can                    currently maintain and continually update a de-
vote and be elected to government office, a system-                   tailed local inventory of property values so they
atic redistribution of property rights from non-ag-                   would then maintain and continually update a
gressors to aggressors and the residents of low                       detailed local inventory of crimes and criminals.
crime areas to those of high crime areas comes into                   Other things being equal, the risk of aggression
effect and crime will actually be promoted. Ac-                       against any private property location increases with
cordingly, crime, and consequently the demand for                     the proximity and the number and resources of
private security services of all kinds are currently at               potential aggressors. Thus, insurers would be in-
an all-time high. Even more scandalously, instead                     terested in gathering information on actual crimes
of compensating the victims of crimes it did not                      and known criminals and their locations, and it
prevent (as it should have), the government forces                    would be in their mutual interest of minimizing
victims to pay again as taxpayers for the cost of the                 property damage to share this information with
apprehension, imprisonment, rehabilitation,                           each other (just as banks now share information on
and/or entertainment of their aggressors. And                         bad credit risks with each other). Furthermore,
rather than requiring higher protection prices in                     insurers would also be particularly interested in
high crime locations and lower ones in low crime                      gathering information on potential (not yet com-
locations, as insurers would, the government does                     mitted and known) crimes and aggressors, and this
the exact opposite. It taxes more in low crime and                    would lead to a fundamental overhaul of and im-
high property value areas than in high crime and                      provement in current--statist--crime statistics.
low property value ones, or it even subsidizes the                    In order to predict the future incidence of crime
residents of the latter locations--the slums--at                      and thus calculate its current price (premium),
the expense of those of the former and thus erodes                    insurers would correlate the frequency, descrip-
the social conditions unfavorable to crime while                      tion, and character of crimes and criminals with
promoting those favorable to it.14                                    the social surroundings in which they occur and
    The operation of competitive insurers would                       operate, and develop and under competitive pres-
be in striking contrast. For one, if an insurer could                 sure continually refine an elaborate system of
not prevent a crime, it would have to indemnify the                   demographic and sociological crime indicators.15
                                                                      That is, every neighborhood would be described,
    14
        On crime and punishment, past and present, see Terry          and its risk assessed, in terms and in light of a
Anderson and P.J. Hill, "The American Experiment in Anar-             multitude of crime indicators, such as the composi-
cho-Capitalism: The Not So Wild, Wild West," Journal of               tion of sexes, age groups, races, nationalities, ethnici-
Libertarian Studies 3, no. 1 (1979); Bruce L. Benson, "Guns for       ties, religions, languages, professions, and incomes.
Protection, and Other Private Sector Responses to the
                                                                          15
Government's Failure to Control Crime," Journal of Libertarian               For an overview of the extent to which official--sta-
Studies 8, no. 1 (1986); Roger D. McGrath, Gunfighters, High-         tist--statistics, in particular on crime, deliberately ignore,
waymen, and Vigilantes: Vio