Non-Aggression Principle (or Axiom): a Libertarian Viewpoint
"...rather than have the NAP presuppose libertarian property rights, a proper theory of liberty applied in practice should entail the property rights..."
non-aggression principle (or axiom) In human terms, an act of aggression is normally interpreted as an unprovoked (i.e., offensive rather than defensive or pre-emptive) attack on someone or their property. And this is often applied to state territories as well, although this can be confused and confusing to some extent because of the coercive collectivism involved. The non-aggression principle (NAP) is often held by libertarians to summarise, or explain, or possibly even “justify”, libertarianism in legal or in moral terms. And “aggression” is typically explained as being the “initiation of force” (or sometimes even “violence”). However, this seems to be a persuasive definition that, on closer inspection, is simplistic, hyperbolic, and confused.
For instance, such things as theft, fraud, embezzlement, and trespassing clearly flout libertarianism as interpreted by self-described libertarians. But none of these things needs to involve “force” in any ordinary interpersonal sense of that word. And they certainly need not involve any actual “violence” as that word is normally understood.
What about the “initiation” aspect of the alleged force or violence? In fact, the (private) police, etc., might well have to be the ones who literally initiate force or even violence when detaining or arresting a suspect. This is simply because that suspect need not himself have used any actual force or violence in the commission of his clearly unlibertarian crime.
Consequently, it might be thought that the general idea can be saved by asserting, instead, a “non-violation principle”. But even “non-violation” is still presupposing that it is libertarian property rights that are not to be violated rather than any other kind of property rights. And this is also without thereby saying or implying what makes those property rights libertarian.
Of course, there are also such other libertarian assumptions—or principles—as “homesteading” or “labour-mingling”, production, and voluntary exchange, which appear to imply what can be a libertarian property right. But these provide no clear account of how such property rights are libertarian: i.e., how they relate to interpersonal liberty explicitly and exactly rather than merely fitting the intuitions of libertarians (and very possibly not the intuitions of non-libertarians).
Further still, the NAP appears to be an absolute proscription—as is implied by the “non”—on such “aggressions”. But then, as has been often remarked upon, this would appear to imply that even the tiniest amount of pollution flouts the NAP. Do a few smoke particles or photons of light coming from my property to yours constitute “aggression”? Or is it somehow a matter of degree? Or is there an additional principle that determines this?
Then what of, the rarely remarked upon, mutual clashes in the NAP? For instance, if I start a fire on my property that will pollute your property, then I violate the NAP. But if you stop me from lighting a fire on my property, that I need for warmth and cooking, then you also violate the NAP. So, both this and the previous point make it look as though “aggression”—however interpreted—must at least sometimes be minimised rather than absolutely proscribed.
Given that “non-aggression” is so demonstrably and utterly confused, and thereby often confusing, it can hardly be asserted to be an “axiom” (in the apparently intended sense of being “self-evident” or generally accepted) without eliciting general mockery from all plain-speaking people. It is meaningful and useful to be able to object that something is aggressive. But that cannot be the end of any explanation or dispute concerning libertarianism.
Nevertheless, there is a grain of truth in the NAP: libertarianism does appear to imply the absence of some sort of aggression. Conceptually, liberty is always the absence of a constraint. The overall philosophical problem with libertarianism is that it requires an explicit abstract (pre-propertarian and non-normative) theory of interpersonal liberty that explains this constraint. But “aggression” in the NAP sense presupposes libertarian property, so that cannot be it.
It seems more natural and intuitive to assert the “liberty principle” to summarise or explain, but not “justify”, libertarianism in philosophical terms. This can be stated as “the absence of interpersonal initiated impositions”. But the only way to make this clearer and more precise is to explain how libertarian property becomes the practical application of minimising such initiated impositions. Thus, “initiating impositions” is also an interpretation of “aggression”, but in a more philosophical and coherent sense.
In other words, rather than have the NAP presuppose libertarian property rights, a proper theory of liberty applied in practice should entail the property rights: a Copernican Revolution. This requires some relatively complicated philosophical unpacking, which is done in various relevant entries of this dictionary. See especially 1, 2, 3, 4, 5, and 6.
(This is an entry from A Libertarian Dictionary: Explaining a Philosophical Theory [draft currently being revised].)
I think it starts with the question of what "property" is, how it can come into the world. Not in a libertarian way. That is just physical occupation or uncontested possession. Property emerges first and only in conflict, as a result of conflict, but not as a starting point or a solution that is already there in the form of a "principle". Property is a bargained-for bundle of rights that others have surrendered to you or granted to you by a creditable promise. The question is, why should they?
The example motivating the need for minimization rather than proscription has always seemed flawed to me.
One person wants warmth from a fire, the other wants to avoid the smoke. Either libertarian property is or isn’t in effect. If it is in effect, then the legal doctrine of coming to the nuisance applies, and the latecomer must bear the cost of building a chimney or whatever countermeasure. This allows the remedies to be adapted to the situations of the particular cases, rather than imposing a single solution on all, yet still making things reasonably predictable.
If libertarian property is not in effect, how should the analysis proceed? The approach taken has been to consider what would happen in a state of nature where liberty happens to be experienced, concluding that such conflicts require a sort of minimization. Perhaps we should interpret “coming to the nuisance “ as a concrete example of minimization?
The presence of conflict is apparent even without the fire thought experiment, due to simple scarcity of resources. The abstraction of the state of nature thought experiment ignores the concrete challenges involved in implementing “minimization.” And different people will evaluate different minimizations differently.
Actually implementing things places constraints and presents trade-offs that the abstract picture doesn’t capture. But some way of perceiving the abstract theory is desired, and the state of nature idea serves this purpose. But can ideas about the state of nature really resolve a dispute over concrete constraints and trade-offs?
If the inhabitants of a community unanimously prefer to use property norms and institutions that don’t seem to conform to the thought experiment, should we say they have rejected liberty, or that they have applied it in a peculiar and experimental way? The unanimity is more central than the details of the norms and institutions.
What is the practical alternative to minimization? In practice, it is possible to accept the absolute in theory, but assume that in practice property owners implicitly consent to small or mutual uses, such as emitting photons. Then the practical factor of cost can determine what sorts of violations are considered de minimus, as no one wants to hire a lawyer and go to court to punish the neighbors for having a porch light. I’m not sure how one would incorporate that into the abstract theory properly.