terça-feira, 28 de setembro de 2004

Ética da Liberdade I

Na introdução do livro de Murray N. Rothbard, por Hans Herman Hoppe:

The Ethics of Liberty appeared in 1982, it initially attracted only a little attention in academia. Two factors were responsible for this neglect. First, there were the anarchistic implications of theory, and his argument that the institution of government—the state—is incompatible with the fundamental principles of justice. As defined by Rothbard, a state is an organization

which possesses either or both (in actual fact, almost always both) of the following characteristics:

(a) it acquires its revenue by physical coercion (taxation); and
(b) it achieves a compulsory monopoly of force and of ultimate decision-making power over a given territorial area.

Both of these essential activities of the State necessarily constitute criminal aggression and depredation of the just rights of private property of its subjects (including self-ownership). For the first constitutes and establishes theft on a grand scale; while the second prohibits the free competition of defense and decision-making agencies within a given territorial area—prohibiting the voluntary purchase and sale of defense and judicial services (pp. 172–73).

"Without justice," Rothbard concluded as St. Augustine had before him, "the state was nothing but a band of robbers."

Rothbard's anarchism was not the sort of anarchism that his teacher and mentor Mises had rejected as hopelessly naive, of course. "The anarchists," Mises had written,

contend that a social order in which nobody enjoys privileges at the expense of his fellow-citizens could exist without any compulsion and coercion for the prevention of action detrimental to society. . . . The anarchists overlook the undeniable fact that some people are either too narrow-minded or too weak to adjust themselves spontaneously to the conditions of social life. . . . An anarchistic society would be exposed to the mercy of every individual. Society cannot exist if the majority is not ready to hinder, by the application or threat of violent action, minorities from destroying the social order.

Indeed, Rothbard wholeheartedly agreed with Mises that without resort to compulsion, the existence of society would be endangered and that behind the rules of conduct whose observance is necessary to assure peaceful human cooperation must stand the threat to force if the whole edifice of society is not to be continually at the mercy of any one of its members.

One must be in a position to compel a person who will not respect the lives, health, personal freedom, or private property of others to acquiesce in the rules of life in society.

No prefácio, Rothbard diz:

"(...)The key to the theory of liberty is the establishment of the rights of private property for each individual's justified sphere of free action can only be set forth if his rights of property are analyzed and established. "Crime" can then be defined and properly analyzed as a violent invasion or aggression against the just property of another individual (including his property in his own person).

The positive theory of liberty then becomes an analysis of what can be considered property rights, and therefore what can be considered crimes. Various difficult but vitally important problems can then be dissected, including the rights of children, the proper theory of contracts as transfers of property titles, the thorny questions of enforcement and punishment, and many others. Since questions of property and crime are essentially legal questions, our theory of liberty necessarily sets forth an ethical theory of what law concretely should be.

In short, as a natural-law theory should properly do, it sets forth a normative theory of law—in our case, a theory of "libertarian law." While the book establishes the general outlines of a system of libertarian law, however, it is only an outline, a prolegomenon to what I hope will be a fully developed libertarian law code of the future. Hopefully libertarian jurists and legal theorists will arise to hammer out the system of libertarian law in detail, for such a law code will be necessary to the truly successful functioning of what we may hope will be the libertarian society of the future.

The focus of this work is on the positive ethical theory of liberty and of the outlines of libertarian law; for such a discussion, there is no need for a detailed analysis or critique of the State.(...)"

Sem comentários:

Enviar um comentário