Taxation is Theft and the Pharmacist Dilemna

I generally like John Stossel but here, in his discussion with Ben Shapiro, he utterly fails to provide a coherent libertarian response to the question of what taxes are theft. He argues that taxes that provide national defense are necessary so, therefore, such taxes do not count as theft. To be clear, my objection is not to whether we need a tax-payer funded army as opposed to perhaps a private army paid for by life insurance companies for the protection of their dues-paying members. I readily acknowledge, particularly for the near future, that there may not be a better solution and we will have to live with some government programs, like an army, for all of its imperfections.

The problem with Stossel's response is that it turns the question of taxation into which taxes do you support and which do you oppose. This means that we libertarians have no principled objection to Bernie Sanders' type free health care and college. Clearly, those on the hard left believe that these policies would benefit society and it is hardly obvious that they are wrong. Worse, there is a clear benefit to being part of the larger package of the government. Hence, even the taxes for policies you oppose do not hold up as theft. Part of the package deal of living in a democracy is that you will end up having to pay taxes to fund policies that you actively oppose.

When we talk about whether taxation is theft, it is important to distinguish between whether taxation is theft and whether or not we should still tax people even if it was theft. Implicit in this is that fact that the claim that taxation is theft does not refute the concept of taxes. It is theft to take a single penny from a billionaire to buy guns so that soldiers would be able to fight off an invading Nazi army. As much of an anarchist as I may be, I am willing to put aside my scruples for such national emergencies. In both my religion and in my politics, I am guided by the Talmudic principle of "you shall live by them." My beliefs are not a suicide pact and all of my values may be subordinated to saving human lives. None of this changes the fact that taxation is theft. It just means that some kinds of theft are a mitzvah. As a Burkean, I accept that life has a tragic dimension to it and not everything breaks down into neat and clean principles; sometimes we have to get our hands dirty and become morally tainted.

A useful example to consider is the classic moral dilemma of robbing a pharmacist. Your mother is deathly ill. You go to the pharmacist and he has the only available bottle of medication that can save your mother but he will only sell it to you for $10,000. You do not have that kind of money so you plead with him and try to negotiate for a lower price but to no avail. He refuses to sell you the medicine and walks away leaving the medicine on the counter. Do you grab the medicine and make a run for it? I bring up this example not to take a side in the question of what is more important, letting your mother die or stealing, but to note that a critical point for even beginning to discuss this question is that, regardless of whether you should or should not do it, taking the medicine is stealing. It is not necessarily the case that stealing is wrong in all cases and, under certain circumstances, might be necessary and perhaps commendable. That being said, theft remains generally wrong. Even if you are thirsty, you cannot steal a coke from the pharmacist.

For me, the purpose of proclaiming that taxation is theft at every opportunity is not that we should not have taxes but that we should radically limit the number of issues that we would seriously consider funding through taxes. If you would not be willing, for the sake of a cause, to put a gun to someone's head and tell them to hand over their wallet or else you will splatter their brains on the pavement then you cannot use government even if that would mean the defeat of your cause. As much as I love Shakespeare, I am not willing to threaten to kill people in order to fund the teaching of Shakespeare in schools. If that means that Shakespeare is no longer studied and we are left with a much poorer culture then so be it. I may be a hypothetical thief but there are some thefts that really are outside the pale.