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John Hospers
Introduction, Polycarp Ikuenobe
exercise of this minimum function; he argues that laws which seek to protect
individuals against themselves, and laws which force people to help others
in order to provide for the general welfare of all people, are unjustifiable on
libertarian grounds.
As you read Hospers, consider and reflect on the following questions:
What does Hospers consider to be the main underlying idea of libertarian-
ism? In what way does Hospers’ view of libertarianism involve a negative
sense of liberty? What are the two fundamental rights that form the basis for
Hospers’ understanding of liberty? In what way does one’s right imply a
duty on the part of others? What role can the government play in a libertarian
context? What kinds of laws can a government justifiably make and what
kinds of laws can it not justifiably make?
Excerpt from “The Libertarian Manifesto,” by John Hospers, reprinted from “What Libertarian-
ism Is,” in The Libertarian Alternative, ed. Tibor Machan, 1974, Nelson-Hall, Inc.
THE LIBERTARIAN MANIFESTO
what they are advocating is nothing more or less than legalized plun-
der. They can’t pay for the productions themselves, and yet they want
to see opera, which involves a large number of people and their labor;
so what they are saying in effect is, “Get the money through legalized
force. Take a little bit more out of every worker’s paycheck every
week to pay for the operas we want to see.” But I have no right to take
by force from the workers’ pockets to pay for what I want.
Perhaps it would be better if he did go to see opera—then I should
try to convince him to go voluntarily. But to take the money from him
forcibly, because in my opinion it would be good for him, is still
seizure of his earnings, which is plunder.
Besides, if I have the right to force him to help pay for my pet pro-
jects, hasn’t he equally the right to force me to help pay for his? Per-
haps he in turn wants the government to subsidize rock-and-roll, or
his new car, or a house in the country? If I have the right to milk him,
why hasn’t he the right to milk me? If I can be a moral cannibal, why
can’t he too? . . .
Do you want to occupy, rent-free, the mansion that another man has
worked for twenty years to buy? But other men’s lives are not yours
to dispose of. Do you want operas so badly that everyone is forced to
work harder to pay for their subsidization through taxes? But other
men’s lives are not yours to dispose. of. Do you want to have free
medical care at the expense of other people, whether they wish to pro-
vide it or not? But this would require them to work longer for you
whether they want to or not, and other men’s lives are not yours to
dispose of. . . .
3. No human being should be a nonvoluntary mortgage on the life of
another. I cannot claim your life, your work, or the products of your
effort as mine. The fruit of one man’s labor should not be fair game
for every freeloader who comes along and demands it as his own. The
orchard that has been carefully grown, nurtured, and harvested by its
owner should not be ripe for the plucking for any bypasser who has a
yen for the ripe fruit. The wealth that some men have produced should
not be fair game for looting by government, to be used for whatever
purposes its representatives determine, no matter what their motives
in so doing may be. The theft of your money by a robber is not justi-
fied by the fact that he used it to help his injured mother.
THE LIBERTARIAN MANIFESTO
have to do with one’s relations to other human beings, not with one’s rela-
tions to physical nature.
Nor were these rights created by government; governments—some gov-
ernments, obviously not all—recognize and protect the rights that individu-
als already have. Governments regularly forbid homicide and theft; and, at a
more advanced stage, protect individuals against such things as libel and
breach of contract. . . .
The right to property is the most misunderstood and unappreciated of
human rights, and it is one most constantly violated by governments. “Prop-
erty” of course does not mean only real estate; it includes anything you can
call your own—your clothing, your car, your jewelry, your books and
papers.
The right of property is not the right to just take it from others, for this
would interfere with their property rights. It is rather the right to work for it,
to obtain non-coercively, the money or services which you can present in
voluntary exchange.
The right to property is consistently underplayed by intellectuals today,
sometimes even frowned upon, as if we should feel guilty for upholding
such a right in view of all the poverty in the world. But the right to property
is absolutely basic. It is your hedge against the fixture. It is your assurance
that what you have worked to earn will still be there and be yours, when you
wish or need to use it, especially when you are too old to work any longer.
Government has always been the chief enemy of the right to property.
The officials of government, wishing to increase their power, and finding an
increase of wealth an effective way to bring this about, seize some or all of
what a person has earned—and since government has a monopoly of physi-
cal force within the geographical area of the nation, it has the power (but not
the right) to do this. . . . The effect of such actions, of course, is that people
lose hope and incentive: if no matter how hard they work the government
agents can take it all away, why bother to work at all, for more than today’s
needs? Depriving people of property is depriving them of the means by
which they live—the freedom of the individual citizen to do what he wishes
with his own life and to plan for the future. Indeed only if property rights are
respected is there any point to planning for the future and working to achieve
one’s goals. Property rights are what makes long-range planning possible—
the kind of planning which is a distinctively human endeavor, as opposed to
the day-to-day activity of the lion who hunts, who depends on the supply of
game tomorrow but has no real insurance against starvation in a day or a
THE LIBERTARIAN MANIFESTO
week. Without the right to property, the right to life itself amounts to little:
how can you sustain your life if you cannot plan ahead? and how can you
plan ahead if the fruits of your labor can at any moment be confiscated by
government? . . .
Indeed, the right to property may well be considered second only to the
right to life. Even the freedom of speech is limited by considerations of
property. . . . The right to free speech doesn’t give one the right to say any-
thing anywhere; it is circumscribed by property rights.
Again, some people seem to assume that the right of free speech
(including written speech) means that they can go to a newspaper publisher
and demand that he print in his newspaper some propaganda or policy state-
ment for their political party (or other group). But of course they have no
right to the use of his newspaper. Ownership of the newspaper is the product
of his labor, and he has a right to put into his newspaper whatever he wants,
for whatever reason. If he excludes material which many readers would like
to have in, perhaps they can find it in another newspaper or persuade him to
print it himself (if there are enough of them, they will usually do just that).
Perhaps they can even cause his newspaper to fail. But as long as he owns it,
he has the right to put in it what he wishes; what would a property right be if
he could not do this? They have no right to place their material in his news-
paper without his consent—not for free, nor even for a fee. Perhaps other
newspapers will include it, or perhaps they can start their own newspaper (in
which case they have a right to put in it what they like). If not, an option
open to them would be to mimeograph and distribute some handbills.
In exactly the same way, no one has a right to “free television time”
unless the owner of the television station consents to give it; it is his station,
he has the property rights over it, and it is for him to decide how to dispose
of his time. He may not decide wisely, but it is his right to decide as he
wishes. If he makes enough unwise decisions, and courts enough unpopular-
ity with the viewing public or the sponsors, he may have to go out of busi-
ness; but as he is free to make his own decisions, so is he free to face their
consequences. (If the government owns the television station, then govern-
ment officials will make the decisions, and there is no guarantee of their
superior wisdom. The difference is that when “the government” owns the
station, you are forced to help pay for its upkeep through your taxes, whether
the bureaucrat in charge decides to give you television time or not.)
“But why have individual property rights? Why not have lands and
houses owned by everybody together?” Yes, this involves no violation of
THE LIBERTARIAN MANIFESTO
GOVERNMENT
Government is the most dangerous institution known to man. Throughout
history it has violated the rights of men more than any individual or groups
of individuals could do: it has killed people, enslaved them, sent them to
forced labor and concentration camps, and regularly robbed and pillaged
them of the fruits of their expended labor. Unlike individual criminals, gov-
ernment has the power to arrest and try; unlike individual criminals, it can
surround and encompass a person totally, dominating every aspect of one’s
life, so that one has no recourse from it but to leave the country (and in total-
itarian nations even that is prohibited). . . .
The only proper role of government, according to libertarians, is that of
the protector of the citizen against aggression by other individuals. The
government, of course, should never initiate aggression; its proper role is as
the embodiment of the retaliatory use of force against anyone who initiates
its use. . . .
THE LIBERTARIAN MANIFESTO
. . .
If a houseguest of yours starts to carve his initials in your walls and break
up your furniture, you have a right to evict him, and call the police if he
makes trouble. If someone starts to destroy the machinery in a factory the fac-
tory-owner is also entitled to evict him and call the police. In both cases, per-
sons other than the owner are permitted on the property only under certain
conditions, at the pleasure of the owner. If conditions are violated, the owner
is entitled to use force to set things straight. The case is exactly the same on a
college or university campus: if a campus demonstrator starts breaking win-
dows, occupying the president’s office, and setting fire to a dean, the college
authorities are certainly within their rights to evict him forcibly; one is per-
mitted on the college grounds only under specific conditions, set by the
administration: study, peaceful student activity, even political activity if those
in charge choose to permit it. If they do not choose to permit peaceful politi-
cal activity on campus, they may be unwise, since a campus is after all a place
where all sides of every issue should get discussed, and the college that does-
n’t permit this may soon lose its reputation and its students. All the same, the
college official who does not permit it is quite within his rights; the students
do not own the campus, nor do the hired troublemakers imported from else-
where. In the case of a privately owned college, the owners, or whoever they
have delegated to administer it, have the right to make the decisions as to who
shall be permitted on the campus and under what conditions. In the case of a
state university or college, the ownership problem is more complex: one
could say that the “government” owns the campus or that “the people” do
since they are the taxpayers who support it; but in either case, the university
administration has the delegated task of keeping order, and until they are
removed by the state administration or the taxpayers, it is theirs to decide who
shall be permitted on campus, and what nonacademic activities will be per-
mitted to their students on the premises.
Property rights can be violated by physical trespass, of course, or by
anyone entering on your property for any reason without your consent. (If
you do consent to having your neighbor dump garbage on your yard, there is
no violation of your rights.) But the physical trespass of a person is only a
special case of violation of property rights. Property rights can be violated
by soundwaves, in the form of a loud noise, or the sounds of your neighbor’s
hi-fi set while you are trying to sleep. Such violations of property rights are
of course the subject of action in the courts.
THE LIBERTARIAN MANIFESTO
But there is another violation of property rights that has not thus far
been honed by the courts; this has to do with the effects of pollution of the
atmosphere. . . .
What about automobiles, the chief polluters of the air? One can hardly
sue every automobile owner. But one can sue the manufacturers of automo-
biles who do not install anti-smog devices on the cars which they dis-
tribute—and later (though this is more difficult), owners of individual
automobiles if they discard the equipment or do not keep it functional.
The violation of rights does not apply only to air-pollution. If someone
with a factory upstream on a river pollutes the river, anyone living down-
stream from him, finding his water polluted, should be able to sue the owner
of the factory. In this way the price of adding the anti-pollutant devices will
be the owner’s responsibility, and will probably be added to the cost of the
products which the factory produces and thus spread around among all con-
sumers, rather than the entire cost being borne by the users of the river in the
form of polluted water, with the consequent impossibility of fishing, swim-
ming, and so on. In each case, pollution would be stopped at the source
rather than having its ill effects spread around to numerous members of the
population.
What about property which you do not work to earn, but which you
inherit from someone else? Do you have a right to that? You have no right to
it until someone decides to give it to you. Consider the man who willed it to
you; it was his, he had the right to use and dispose of it as he saw fit; and if
he decided to give it to you, this is a windfall for you, but it was only the
exercise of his right. Had the property been seized by the government at the
man’s death, or distributed among numerous other people designated by the
government, it would have been a violation of his rights: for he, who worked
to earn and sustain it, would not have been able to dispose of it according to
his own judgment. If he doesn’t have the right to determine who shall have
it, who does?
What about the property status of your intellectual activity, such as inven-
tions you may devise and books you write? These, of course, are your property
also; they are the products of your mind; you worked at them, you created
them. Prior to that, they did not exist. If you worked five years to write a book,
and someone stole it and published it as his own, receiving royalties from its
sales, he would have stolen your property just as surely as if he had robbed
your home. The same is true if someone used and sold without your permis-
sion an invention which was the product of your labor and ingenuity.
THE LIBERTARIAN MANIFESTO
The role of government with respect to this issue, at least most govern-
ments of the Western world, is a proper one: government protects the prod-
ucts of your labor from the moment they materialize. Copyright law protects
your writings from piracy. . . . Patent law protects your inventions for a lim-
ited period, which varies according to the type of invention. In no case are
you forced to avail yourself of this protection; you need not apply for patent
or copyright coverage if you do not wish to do so. But the protection of your
intellectual property is there, in case you wish to use it.
. . .
Laws may be classified into three types: (1) laws protecting individuals
against themselves, such as laws against fornication and other sexual behav-
ior, alcohol, and drugs; (2) laws protecting individuals against aggressions
by other individuals, such as laws against murder, robbery, and fraud; (3)
laws requiring people to help one another; for example, all laws which rob
Peter to pay Paul, such as welfare.
Libertarians reject the first class of laws totally. Behavior which harms
no one else is strictly the individual’s own affair. Thus, there should be no
laws against becoming intoxicated, since whether or not to become intoxi-
cated is the individual’s own decision: but there should be laws against driv-
ing while intoxicated, since the drunken driver is a threat to every other
motorist on the highway (drunken driving falls into type 2). Similarly, there
should be no laws against drugs (except the prohibition of sale of drugs to
minors) as long as the taking of these drugs poses no threat to anyone
else. . . . (Only when the taking of drugs could be shown to constitute a
threat to others, should it be prohibited by law. It is only laws protecting peo-
ple against themselves that libertarians oppose.)
Laws should be limited to the second class only: aggression by individ-
uals against other individuals. These are laws whose function is to protect
human beings against encroachment by others; and this, as we have seen, is
(according to libertarianism) the sole function of government.
Libertarians also reject the third class of laws totally: no one should be
forced by law to help others, not even to tell them the time of day if
requested, and certainly not to give them a portion of one’s weekly pay-
check. Governments, in the guise of humanitarianism, have given to some
by taking from others (charging a “handling fee” in the process, which,
because of the government’s waste and inefficiency, sometimes is several
hundred percent). And in so doing they have decreased incentive, violated
THE LIBERTARIAN MANIFESTO
“Swimming in this pool ought to be free!” says the indignant passerby. What
he means is that others should build a pool, others should provide the mate-
rial and still others should run it and keep it in functioning order, so that he
can use it without fee. But what right has he to the expenditure of their time
and effort? To expect something “for free” is to expect it to be paid for by
others whether they choose to or not.
Many questions, particularly about economic matters, will be generated
by the libertarian account of human rights and the role of government.
Should government have a role in assisting the needy, in providing social
security, in legislating minimum wages, in fixing prices and putting a ceiling
on rents, in curbing monopolies, in erecting tariffs, in guaranteeing jobs, in
managing the money supply? To these and all similar questions the libertar-
ian answers with an equivocal no.
“But then you’d let people go hungry!” comes the rejoinder. This, the
libertarian insists, is precisely what would not happen; with the restrictions
removed, the economy would flourish as never before. With the controls
taken off business, existing enterprises would expand and new ones would
spring into existence satisfying more and more consumer needs; millions
more people would be gainfully employed instead of subsisting on welfare,
and all kinds of research and production, released from the strangle-hold of
government, would proliferate, fulfilling man’s needs and desires as never
before. It has always been so whenever government has permitted men to be
free traders on a free market. But why this is so, and how the free market is
the best solution to all problems relating to the material aspect of man’s life,
is another and far longer story.