Friday, July 26, 2024

Toward a Locke-Burke Theory of Conservative Libertarian Secessionist Government

 

The father of Anglo-conservative thought Edmund Burke famously criticized John Locke for his belief in universal human rights. It was not that Burke believed in tyranny. On the contrary, Burke believed that liberty was best protected within a particular tradition. As such he believed that Englishmen had rights that came not from nature but from the particular development of English institutions. This served as the foundation for one of his major objections to the French Revolution. The French had good reason to object to the government of Louis XVI in 1789. Following the model of the English Glorious Revolution of 1688, what the French should have done was turn to French history, recognizing that French monarchial absolutism was really an invention of the seventeenth century, and reformed French political institutions to bring them back in line with French tradition. What the French did instead was claim to be acting in the name of the universal principles of liberty, equality, and fraternity, things that only existed in their philosophy books. Because universal rights are imaginary constructs in people's heads, the French, unwittingly, unleashed chaos among themselves. Now everyone was licensed to engage in violence in the name of protecting their rights as they understood them. This led to the Reign of Terror and ultimately to the dictatorship of Napoleon.  

As a product of the American conservative tradition, I have been raised with the paradox that my political tradition is John Locke as mediated through the American Revolution. This means that I have the right to overthrow my government if it violates my right to life, liberty, and the pursuit of happiness. This doctrine is kept in check from turning into the French Revolution by a "Burkean" reverence for the Constitution. One thinks of the example of Sen. Barry Goldwater, whose conservatism did not mean going back to the Hanoverian dynasty but the Constitution. This marriage between Locke and Burke, while it has its tensions, is far more workable than it might first appear. For me, this is possible because I am also a libertarian, who believes that government is inherently illegitimate.      

I confess to being agnostic about the nature of rights and their origins, but I am an ethical individualist. My starting point for ethics is that of individuals and not groups. It is individuals who negotiate social contracts where we agree not to do bad things to other people in return for those people not doing bad things against us. This is simply an empirical fact. Every child on a playground learns fairly quickly that other children will hurt them if they pick a fight. As such, it is best not to go around picking fights. That being said, there are going to be bullies who will attack you no matter what so, therefore, you have no choice but to fight back.  

Following this logic, I have the right to shoot the person who comes to my door to collect taxes. I never agreed to pay taxes. As such, the tax person is a bullying thief, who should be resisted. It is here that my inner Burke, recognizing how truly monstrous such a conclusion is, applies the breaks. One, while it might be my right to fight a rebellion rather than pay taxes, it is hardly in my self-interest to do so. I have no desire to declare to a bombed-out civilization that I was in the right. (Admittedly, part of me would take great pleasure in doing this, but the sane part of me would honestly be horrified at the thought.) Second, I assume that the tax person is actually a decent fellow at heart. They probably do not want to initiate violence. They did not create our political system. They are simply doing their best with the system that they are given. It is hardly obvious to me that they are wrong so I should give them the benefit of the doubt in assuming that they at least doing what they think is right. As such, while I am not saying that it is ok to be a tax collector, I am willing to grant them absolution for their actions. 

This leads to the conclusion that, while, in theory, I may have the right to rebel against any government that is not of my choosing, essentially all governments that have ever existed, I accept that this right is trumped by any government founded upon conservative principles. By this, I mean the notion that there are institutions that have evolved among humans even though they are likely not of human design. These institutions facilitate human flourishing even if they are incredibly flawed. As such, one does not have the right to tear these institutions down, causing great harm to the public, simply in the name of abstract principles. If a traditional hereditary monarch were to come to my door and ask me to pay taxes as my ancestors paid to their ancestors, I would bend a knee and pay. How much more so, if I were to be asked by a president acting to honestly hold up the Constitution, such as an alternative universe Barry Goldwater?

It is here that not only does my Burke make me a conservative, but so does my Locke. While my Burke forces me to quiet my Locke in obedience to a conservative government, it is that quiet but still essential Locke inside of me that allows me to resist revolutionary or progressive governments. By this, I mean governments that gain their authority from the belief that their leaders have the right to refashion society based on their preferred theory that they learned about from a philosophy book. Such a person has no absolution for their actions. They believe that their actions are not merely making the best of an imperfect situation but are achieving justice. As such they must be held accountable for every act of violence they cause to be committed. If revolutionary progressives are going to force their version of justice on me, I have the right to strike back by insisting upon my justice, which declares them to be thieves or even murderers and grants me the right to secede and create my own government.   

It should be noted that Burke himself supported the American Revolution. As Yuval Levine argues, this was not because Burke believed in life, liberty, and the pursuit of happiness as universally valid principles. For Burke, it was Parliament that had violated traditional norms by trying to directly tax the colonies. As such, the colonists were the ones trying to defend their traditional rights as Englishmen as best they could. In essence, while most people today focus on the first part of the Declaration of Independence and ignore the rest, Burke ignored the first part but accepted the rest.      

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