The lesson here is that power is always dangerous, regardless of who wields it -- be it a private protection agency or a sovereign government. As Acton said, "Power tends to corrupt, and absolute power corrupts absolutely." Even the rulers in an ideal Objectivist society would be likely to abuse their power, and would therefore require constant monitoring. (I ask you, who is more likely to seek power in an Objectivist society -- the Howard Roarks or the Ellsworth Tooheys?) It was this concern about the abuse of power that led Thomas Jefferson and others in his tradition to favor decentralization, a system in which power is checked by other external powers. This was the original idea behind "limited government." A "limited government" was a government whose power was limited, or checked, by another power EXTERNAL to itself. Ultimately, according to Locke, Jefferson, and other minarchists, the only effective check on sovereign power is the right of the people to resist unjust laws and overthrow despotic governments. This sovereign right of the people was the external check that imposed real limits on a "limited government."

There are very good reasons to suppose that legal pluralism would be more effective in preserving justice than legal monism. The Western legal tradition, as many historians have pointed out, was rooted in legal pluralism. Legal pluralism existed in Europe for many centuries, until it was finally destroyed by rapacious and violent monarchs. Medieval Europe had a complex network of political authorities, legal systems and overlapping jurisdictions. There existed customary law, the king's law, feudal law, municipal law, canon law, and so forth. What some minarchists claim cannot exist, therefore, did in fact exist for many centuries.

Moreover, as Voltaire, Lord Action and other liberal historians have argued, the Western World owes its liberty to the conflict among these competing authorities. Neither the spiritual nor the temporal authorities had libertarian intentions, but the ongoing competition between these institutions gradually led to the development of "intermediate" institutions (such as municipalities), as Pope and Prince conceded various "liberties" and "immunities" in an effort to win allies to their side. And it was these intermediate institutions, not governments, which were largely responsible for the freedom that is unique to the Western World.

A remarkable system of competing governments also existed in America for many decades prior to the War for Independence. The colonials came to regard their provincial governments as independent and autonomous institutions that were necessary to check British power. And the British government, in its turn, restrained the power of the colonial assemblies. This situation resulted in a paralysis of power (since neither government could do much) and in a great deal of personal liberty.

Later, after the countervailing power of Britain had been eliminated by a successful Revolution, the Constitution established a powerful national government -- which, as Madison proudly announced during the Philadelphia Convention, was vested with greater powers than even the British Parliament against which Americans "have so lately rebelled."

This sentiment was seconded in THE FEDERALIST PAPERS by Alexander Hamilton, who criticized the fundamental principles of the American Revolution, called for their repudiation by the American people, and advocated instead a Constitution and monopolistic government that were based on a newer and more sophisticated "science" of political sovereignty.

In just a few short years the decentralized legal pluralism of pre-Revolutionary America had succumbed to the logic of sovereignty and a powerful central government -- those evil Siamese-twins that are largely responsible for our present unhappy condition.

 

Final comments

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