Paying for Government can be Taxing.
-Shane Geoghegan
^^Here’s hoping that becomes one of those meaningless wisdom quotes^^
Of course, I’m not spamming catchy slogans or anything. I’ve hopped on Tumblr to say something, anything as I’ve been absent for the past few weeks. So after I scrolled down my feed and had a look at what has been happening, I noticed another argument that taxation is theft. This may be my fault. I have anarchist and capitalist sympathies and may have followed the ultra-liberal blogs of tumblr. Usually, this argument flows over me, I greet it as a old friend and with a nod and a wink, send it back. On this occasion sadly, I nearly drown.
Tax is Theft.
The argument that tax is theft stems from the involuntary nature of tax. It either asserts that a government that respects the liberty, freedom and rights of the people must not threaten them into submitting to the state’s authority or that government and it’s actions can never be justified. The anarchist pose the latter and as such, the question of legitimate taxation is moot for them. This article is mostly directed at the governmental-minimalists, such as liberation doctrine. However, I do urge the anarchists to continue reading, as natural property remains an issue they must address and is something I will cover.
Let us examine the argument:
A: “Theft is depriving of someone the usage of something they own.” I looked around for definitions from dictionaries and such but most of them tied theft to the unlawful taking of property, so clearly they were in many ways bias. Equally, it was simply impossible to articulate theft without reference to property. I concluded that theft could be widely thought of as the denial of usage of something one owns as property is fundamentally about usage rights. If you steal my car, I still own it but am denied the right of usage entailed by ownership. Lastly, theft is differs from borrowing because it lacks consent. I therefore initially added “without consent” to my definition. However, I removed it as the right to usage presumes voluntary allowance and I therefore felt it redundant.
B: “Government taxation is universal and non-negotiable at the individual level.” Clearly, I presume quite a specific form of enlightened government. The Ancien Régime of the French Valois and Bourbon dynasties taxed heavily the Third Estate with little to no taxation for the first or second. Incontestably, universal is not necessary. However, many minimalist governments positions stress individual liberty and corollary equal treatment before the law. As such, when this argument is used, it presumes universality, even if that isn’t always the case. Equally, you don’t get to barter the amount or refuse to pay at the individual level. It can be argued that tax can be changed via political mechanism but other than that, we all pay the full amount. I therefore felt it important to acknowledge this as it plays an important role further on.
C: “Tax is theft.” This is an outcome.
So to recap:
A: “Theft is depriving of someone the usage of something they own.”
B: “Government taxation is universal and non-negotiable at the individual level.”
C: “”Tax is theft.”
The argument thus goes like this: If A^B :: C
Tacit Consent, Locke and Toilet Roll!
There you have it then, the argument against taxation. This is put very simply and loaded with assumptions, assumptions we may have to examine in turn to see if we still follow the argument to the conclusion. For example and mentioned earlier, one must identify what property is. If property is something wholly imparted by the government, property becomes a privilege. If you follow British philosopher John Locke however, property is natural and you have it before government. Property is thus a right. As many American libertarians cite constitutional rights and the founding father whom wrote it cited Locke, it is reasonable to presume that the concept of natural property rights is what American libertarians work from. Thus, it may be useful to know what Locke taught of the matter.
Locke, a social contract theorist thought like the others that if one could conceive of human nature without government, one could rationalize as to why people would rationally choose to be governed. In fact, I’m of the avid belief that anarchists are social contract theorists whom couldn’t find a good enough reason to play matchmaker between people and governance. For Locke, good government ensured freedom by bringing in an impartial judge to punish those whom would attempt to deny one’s rights, to both liberty and property. So it was imperative that rational people come together and found said impartial judiciary. Now, unlike Hobbes whom figured that was the end of things, Locke felt it wasn’t right to condemn the unborn generations to the will of their forefathers, no matter how rational they were been. He thus required consent to be given to the collective on a continuous basis. This is important, as if you consent to government, you consent to the levy needed to run it.
Let us take a momentary detour from Locke and head down to the local shop. You’ve got business to do but no toilet paper in the house. So you have come down here to exchange your property, a 2 Euro coin for the shopkeepers’ bogroll. You walk down isle, pick up a pack of TP and approach the counter. You drop the coin into the shopkeepers’ hand while swapping pleasantries and then head back home.
Why is this important to our discussion of government taxation rights? It illustrates the concept of tacit consent. By your actions, you agreed to a non-verbal, non-written contract exchanging coin for roll. Equally, whereas voting in a democratic process would be preferred as loud consent, the usage of public infrastructure offers tacit consent to the social contract. As discussed above, a government needs funding to run and consenting to the social contract is consent to carry that burden. Thus, the original argument is undermined as the government is not taking your property anymore, rather it is collecting payment for services rendered. The money levied is no longer your money and belongs to the government.
Revolts and Aliens.
Now, Locke laid the foundations for capitalist governments to develop, it could and has been argued so it seems strange that his writings oppose what is generally felt to be a “Free Market” position. However, as you can see, Locke proposed a consent-based view to taxation, where refusal was wrong not because tax must be paid as a rule but rather because you consented to pay. It is a “Free Market” position. What may be attacked is the idea of silent agreement, though I would move softly as the concept underpins many day-to-day activities and is the prime reason tourists and other foreigners must respect the law while present in the country.
Thus, if you truly belief tax is completely unfair you would seem to have three options at your disposal. First, you can join the anarchists and outright rebel! You would have to completely remove yourself from society to be successful in this case or you will give constant tacit consent. This is really only important if you wished to maintain ideas of property of course. Second, you can democratically lobby for lower taxes. This seems like the expected response most non-libertarians suggest. However, if you could conceive of convincing argumentation for the lowering of tax to nil, you may not need a democratic push to achieve it so what at first seems like the fair and logical way is really just pandering to the crowd. This suggests mutability of rights and arbitrary will which should be abhorred by a republic. Lastly, you could attempt to change the fundamental rules of your government to make tax illegal. I include this because it has been suggested in the past but if you’ve been paying any attention, you can see how frivolous a position it becomes.
Personally, I don’t have an answer. I also don’t consider this to be the last word on the subject. I do expect rebuttals and hate-mail. I no longer hold a vehement belief in no taxation. I am now in the muddled territory of indecision. I will likely hold this position until I have reasoned out many other areas of my political philosophy. However, I still appeal to the same premise for all my politics to subscribe to: Justice. For this reason, I’ll still likely be a torn in socialist behinds.
Shane Geoghegan, prefers Hobbes anyway.
Interesting perspective here… I identify more as a neo-Marxist, and it’s rare I see anyone try to defend the anarcho-capitalist point of view while still acknowledging there may be a necessity for taxation. Thoughts?