A Contractarian Perspective on 9/11
by Brad Edmonds
January 7, 2002

In a libertarian society, adults wouldn't have the legal ability to force each other to do things they don't want to do (except in the case of predators, who might be fined or otherwise punished for their crimes). People would still bind themselves to certain behaviors and promises, but only in the form of voluntarily-entered contracts. In this way, contracts would form the bulk of "law," as well as constitute what would serve as foreign policy. An interesting exercise: Imagine how 9/11 might have played out in such a society.

First, 9/11 might not have happened. Before anyone (in this case, it was the US government) would be able to make a 50-year career of violent implementation of "policy" in the Middle East or anywhere else, funds would have to be raised from voluntary donors. It is doubtful that many Americans voluntarily would have donated money to bomb Iraq – Kuwait or no Kuwait – and a long history of our not bombing Middle Eastern targets for continuously variable reasons would have done much to remove the terrorists' motivation prior to 9/11. True, with the absence of US government support, many Jewish Americans might have donated money directly to Israel, but many Arab Americans might have donated equal amounts to Arab states in the region, again making it unlikely that terrorists would have ended up perceiving America as one big, uniform target.

Making foreign policy a contract-based, voluntary-donation-supported enterprise would have given America quite a different face on the world scene, dating back at least to World War I and World War II, which we probably never would have entered if individual Americans were asked to give personal funds specifically for the purpose of entering distant wars. Of course, aside from giving a few billion people in other countries fewer reasons to dislike us, the "contractarian" approach to foreign policy would also remove the coercive taxation of millions of us here who disagree with our government's foreign policy, and who would prefer not to be billed for its implementation – this would be an absolute moral good, in itself.

But that's past; what of the present? We are now being coercively taxed to support expensive bombing campaigns in Afghanistan, and next Somalia. If the bombing were paid for by voluntary donations – or better, "purchases," conditional upon the actual achievement of prior stated objectives – it might have stopped long ago, with our consistent inability to locate bin Laden; it might have been much more limited, with provisos in the contract that would assess penalties for "collateral damage"; or it might never have started. Before individuals would put up their own money to bring about justice, they would demand to see convincing evidence that the target of the bombings was the guilty party. Remember, our government made certain that evidence of bin Laden's guilt was never made available to the American public, at least until the "party" videotape released in December (whatever "proof" that tape amounted to).

And of course there are other contracting options for the pursuit of justice, the most interesting of which would be letters of marque and reprisal, or private bounties. While our government has offered $25 million for bin Laden himself, if actually bringing down bin Laden and his henchmen were entrusted to, say, private mercenaries, it would likely absorb far more than $25 million in costs. After all, we've been spending $1 billion per month already, and we still don't even know where bin Laden is!

This highlights another advantage of voluntary contracting: Not only does the party putting up the money demand evidence that the money is going to fulfill the desired purpose, but the party intending to provide the service won't sign unless the service can be performed, and a profit made, within the dollar amount specified. With voluntary contracting, commitments are made in advance, and both parties are liable in the event the contract is not fulfilled. By contrast, our government takes money from us whether we want the service performed or not; they determine what the cost will be (post hoc); and they simply tell us whether they've succeeded or failed.

And what of the future? As to airline security, the libertarian press has called for complete deregulation – get the FAA out of the airline security business and allow airlines to secure their own private property. If airlines had been in charge of their own security, it's unlikely the 9/11 hijackings would have been attempted in the first place. Individuals and private organizations know already that there is inherent danger in guaranteeing a captive, disarmed audience, as the FAA has done, and as the government has done with our compulsory schools.

In a libertarian future, private airlines, communities, and neighborhoods should be free to contract voluntarily to provide for their own security. If the government wants to continue to exist, it should be free to offer its services the same way – without taxing, but through voluntary contracts (which would put the government on the same footing as everyone else).

The same would go for foreign policy: The government remains free to do whatever it wants, as long as it is required to scare up its own money from individuals and corporations who wish to pay to see the expressed goals met. At the same time, domestic individuals and corporations should be free to make their own agreements with foreign individuals, corporations, and governments (yes, this is "private diplomacy," and you should expect far fewer wars to result from private than from "public" diplomacy). The more personal and business ties we allow to flourish between nations, the less likely dangerous tensions become.

A contract is an agreement between parties, one to which the parties agree, voluntarily, to bind themselves. As long as a contract does not violate the rights of a third party, there should be nothing in law that prevents people from voluntarily delimiting their own behavior. Further, there should be nothing binding the behavior of any of us – again, as long as we don't violate the rights of others – to which we have not given informed, voluntary consent. The very act of forcibly taxing all of us in order to bomb faraway strangers in our name is itself a violation of our natural rights. That 50 years of doing it has had tragic results should come as no surprise.

Brad Edmonds, MS in Industrial Psychology, Doctor of Musical Arts, is a banker in Alabama. He is a regular contributor to LewRockwell.com and Mises.org.

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