Knowing What Does Not Matter
Many people are very pessimistic about the country because of
the government. While there are real problems and dangers, some people are
overreacting. Of course many of the things
the government does do matter. When the government starts a war or infringes on
people’s rights or seizes a large part of a their wealth or income at gunpoint
or invades their homes and tosses them
in jail, it matters a good deal. However many other things do not matter, and
the belief that they do is an impediment to deciding what does and does not
need to be taken seriously. At any particular time a government is just a group
of people. In a free society those people provide the valuable functions of
protecting the citizens’ lives, rights, and property, settling disputes through
just laws, and defending the nation against foreign enemies. In a tyranny they
function as a particularly powerful and dangerous criminal syndicate. In the
present day United States they fall somewhere in between. The belief that a
government is something above and beyond that must be respected, obeyed, and taken
seriously is a superstitious hold over
from the days when rulers were believed to hold power by divine right.
A good example of one aspect of taking the government too
seriously comes from the controversy over homosexual marriage. A few years ago
such marriages were illegal all over the country. Now they are legal in many
locations. Before the laws changed homosexuals could marry with any ceremony
they liked, performed by anyone willing to perform it, and attach any personal
meaning to the event and the union they liked. At the same time others who saw
marriage in different terms could see such unions as invalid, meaningless, or
immoral and, if they liked, refuse to
recognize them as marriages at all. Now in places where the law has changed,
homosexuals can marry with any ceremony they like, performed by anyone willing
to perform it, and attach any personal meaning to the event and the union they
like. At the same time others who see marriage in different terms can see such
unions as invalid, meaningless, or immoral and, if they like, refuse to recognize them as marriages at all. The only difference (apart from those few pragmatic issues that were never central to
the controversy or the passions it aroused) is that now the unions have been
declared valid by a majority of a legislature.
Yet people on both sides of the controversy act as though something
tremendous has happened, and, joyfully or sadly, believe some important
sanction has been granted and some moral value gained or lost. This is
particularly strange since many of those same people share the opinion of
legislative bodies as being comprised mainly of shysters, demagogues, grafters,
con artists, thieves, and pompous ignoramuses. Few sensible people would see anything culturally
meaningful in a collection similarly questionable individuals, or even the same
individuals acting apart from their official capacity, getting together and voting
to favor or oppose homosexual marriage. They
should ask themselves why they take it so seriously when it happens in a
capitol building. People need to learn
what to dismiss and laugh off.
They also need to learn when they do and do not have an
obligation to obey a government’s edicts. Some laws are proper and reasonable and should
command obedience. Even some laws such
as an age requirement for voting that are arbitrary and unreasonable in some
individual cases can be justified if no
better alternative is available.
However, under many governments there are laws and rules that are unjustified and deserve no respect. As an illustration we can consider a hypothetical
example with some historical relevance. At
present it is legal in the United States
for citizens to own gold and silver coins. Many people own these commodities as
investments or insurance against inflation and debasement of the currency. Suppose that next month, in the Restoration of
Consumer Confidence Act of 2013, the government bans private ownership of gold
and silver coins and orders everyone to exchange his coins for thirty year
treasury bonds. Owning the coins would
not have switched from being morally okay in February to morally wrong in March
because a group of officials decided they did not like the practice, and a
person would be under no ethical compulsion to obey the decree. The law itself,
as opposed to the possible risks of disobeying it, should not be taken
seriously at all, any more than any other claim from someone that “it’s right
(or wrong) because I say so”. Rather a
person should decide whether or not to comply on purely pragmatic
considerations – such as the amount of compensation the government offers for
the coins, the inconvenience of having to hide the coins and trade them on a
black market, the risk of getting caught, the penalties for getting caught, and
so on. If the risks and penalties were
small enough, it might be perfectly reasonable to ignore the ban altogether. Risky
or not, it would be within a person’s rights to do so. Someone doing so should not feel like a criminal.
He should just be careful.
Labels: Government, individual rights, libertarianism, politics