Posted by
John Ostrowski on Thursday, September 13, 2007 2:34:58 AM
Let's engage in a thought experiment.
Imagine that you live in a city that is essentially run by a mafia. In fact, beyond that, imagine that you live in relative proximity to other cities, which are also controlled completely by organized crime syndicates.
The mafia's presence in daily life has been continually changing. When you were young, they were primarily a protection racket. They would go to each individual living in the city and demand money in exchange for protection. Those unfortunate enough to own a business were charged both for their homes and for their businesses. Failure to pay the protection money was met with swift punishment by mafia henchmen. In return for your protection money, the mafia would more or less keep the peace in the city.
More recently, however, the mafia has moved into other areas beside protection. They have begun operating numerous businesses in the area; in each case claiming to have a monopoly in the area and punishing anyone who tries to open a competing shop. Because they also claim a monopoly on force, the mafia outlawed the possession of all weapons for fear that they be used in crime. The mafia has also banned what the consider to moral vices such as smoking and excessive drinking, justifying this move by claiming that these "vices" led to more crime. As the mafia has assumed a larger role, it has progressively increased the amount of protection money needed from each individual. The mafia also set up numerous mandatory indoctrination camps that they use to instill values in young children -- values such as respect for the mafia. The mafia, of course, claims that these camps are educational and necessary to the functioning of the city.
The mafia, since its existence, has claimed to have the support of the people. At any one time, most of the people in the city claim to support the mafia. In order to show their benevolence, the mafia allows citizens to elect individuals to a council, which in turns proposes new mafia policy. The mafia also claims complete control of the law in the city, and they have a head magistrate who decides most cases of conflict in the city.
You, however, do not like the mafia. They permit, to a certain extent, dissent in the city. You have denied, publicly, that the mafia is justified in extorting your money. The mafia's response has generally taken this tone: because the mafia owns the city and you live in the city, you consent to the mafia's laws, and your protection money is therefore a voluntary contribution.
Now:
Replace "city" with "country."
Replace "mafia" with "government."
Replace "protection" with "tax."
Replace "council" with "Congress."
Replace "indoctrination camp" with "public school."
Etc.
At the end of our thought experiment, the mafia/government justifies its existence on a synthesis of Leo Strauss' idea of a noble lie with Locke's social contract theory. Strauss thought that the state should engage in noble lies, such as claiming ownership to all land in a country. Locke's entire theory of government depended on a social contract.
I think that it is fairly clear that Locke's social contract is dependent on Strauss' noble lie. If the government has no claim to ownership of the land, it cannot claim that your ownership of property within its claimed territory means you consent to be governed and pay taxes. Generally, people will make the claim that social contracts involve tacit or implicit consent. There are two obvious objections to this idea. First, the government can only claim that citizens' give implicit consent to the social contract in the absence of explicit dissent. That is, as soon as an individual explicitly denies the state the power to tax and control it, the state can no longer claim that the individual has given implicit consent.
Unless the state falls back on the aforementioned Staussian lie. One must claim that the government owns all land and that your presence within its borders is essentially explicit consent to be governed. However, in the pre-social contract State of Nature, individuals exist without the state. They then come together to enter into a social contract -- either the state is a party to the contract or the creation of it. Regardless, to claim that the state owns all land is to beg the question. You are claiming that the state owns land in order to show that someone gives consent to the social contract. But by definition, there is a State of Nature before which government exists, meaning that it cannot own any land. The Straussian lie also fails to justify government.
What, then, if anything, justifies the existence of government?
Nothing.