H - H H ' A E: A C: R P. M G C
H - H H ' A E: A C: R P. M G C
H - H H ' A E: A C: R P. M G C
L IBERTARIAN S TUDIES
20, NO. 2 (SPRING 2006): 5364
OURNAL OF
OLUME
HANS-HERMANN HOPPES
ARGUMENTATION ETHIC: A CRITIQUE
ROBERT P. MURPHY
AND
GENE CALLAHAN
ONE OF THE MOST prominent theorists of anarcho-capitalism is HansHermann Hoppe. In what is perhaps his most famous result, the
argumentation ethic for libertarianism, he purports to establish an a
priori defense of the justice of a social order based exclusively on private property. Hoppe claims that all participants in a debate must
presuppose the libertarian principle that every person owns himself,
since the principle underlies the very concept of argumentation.
Some libertarians (e.g., Rothbard 1988) have celebrated Hoppes
argument as the final nail in the coffin for collectivism of any type;
following Hoppe, they believe that to deny the libertarian ethic is not
only wrong, but also internally contradictory. On the other hand, a
number of other prominent libertarians characterized Hoppes initial
statement of his case as one muddle after another (Steele 1988, p.
47) or a tissue of bald assertions (Yeager 1988, p. 45).
At the end of the symposium (in Liberty) that included both of
the above-mentioned comments, Hoppe responded to his critics,
contending that they had misunderstood his argument and misidentified what he took it to demonstrate. Hoppes original paper is still
cited, by some libertarians, as having established an irrefutable case
for libertarian rights; for example, Kinsella says: Thus [per Hoppes
argument], opponents of liberty undercut their own position as soon
as they begin to state it (Kinsella 1996, p. 323; Meng 2002).
Therefore, we believe that the question of whether Hoppe was able
to answer his critics adequately is worth examining.
We contend that Hoppe was not, and that his project is fatally
flawed, despite the fact that we are largely sympathetic to the conclusions to which it carries him. We intend to demonstrate that even
Robert P. Murphy is visiting assistant professor of economics at Hillsdale
College. Gene Callahan is a PhD candidate in philosophy at the London
School of Economics.
53
on its own terms, the argument does not prove self-ownership in the
way Hoppe wants. More important, we shall then demonstrate a crucial flaw in the argument, which renders it a non sequitur.
http://www.hanshoppe.com/publications/Soc&Cap7.pdf.
to make the case for full self-ownership. At best, Hoppe has proven
that it would be contradictory to argue that someone does not rightfully own his mouth, ears, eyes, heart, brain, and any other bodily
parts essential for engaging in debate. But that clearly would not
include, say, a persons legs; after all, it is certainly possible for someone to engage in debate without having any legs at all. (Consider
physicist Stephen Hawking, who is quite physically handicapped
and yet manages to engage in propositional discourse of the highest
caliber.)
To illustrate how the above foils Hoppes intention, imagine a
collectivist arguing,
People should not have full ownership of their bodies, as libertarian theorists believe. For example, if somebody is sick and needs a
kidney, then it is moral to use force to compel a healthy person to
give up one of his.
to urge him to keep his mouth shut! The man is horrified at this
brazen refusal to even try to justify their violence against him. As he
recounts the episode to his sympathetic friends hours later, the man
points out the ultimate irony of the theaters rule: Not only is the prohibition against talking during a movie wrong, it is actually unjustifiable! For how can someone debate the justice of such a rule if he is
forbidden to speak?!
Hopefully we can end our silly tale at this point. But in all seriousness, we must ask the reader: What specifically is wrong with our
fictitious mans position? Among other flaws, one of his errors is the
notion that a rule is indefensible if its application would make debate
at that particular moment impossible (or difficult). In our example of
the movie theater, we feel most Hoppeians would agree that it is perfectly acceptable to use force to uphold a rule, so long as the justice
of the rule could be rationally defended beforehand, when force isnt
being used to intimidate anyone.
Now is there any important difference in this respect between our
example of the movie theater, and the earlier collectivist justifications
of the military draft or organ transplant? Just because one cant argue
on the front lines or in an operating room doesnt by itself prove that
these outcomes are unjustified uses of force. It is true, as Hoppe
points out, that once a proposition has been proven, the proof does
not expire the moment the discussion of it ceases. But the conclusion of a valid proof is still only necessarily true when its premises
are true. Hoppe has shown that bashing someone on the head is an
illogical form of argumentation. He has not shown that the fact that
one has ever argued demonstrates that one may never bash anyone
on the head, nor has he demonstrated that one may not validly argue
that it would be a good thing to bash so-and-so on the head. We cannot convince you of anything by clubbing you, but we may quite logically try to convince you that we should have the right to club you.
Our final point in this section is to note that, even setting aside
all of the above difficulties, its still the case that Hoppe has only
proven self-ownership for the individuals in the debate. This is because,
even on Hoppes own grounds, someone denying the libertarian
ethic would only be engaging in contradiction if he tried to justify his
preferred doctrine to its victims.
For example, so long as Aristotle only argued with other Greeks
about the inferiority of barbarians and their natural status as slaves,
then he would not be engaging in a performative contradiction. He
could quite consistently grant self-ownership to his Greek debating
opponent, while denying it to those whom he deems naturally inferior (Aristotle 1905, Book I, sections 46).
Once again, let us point out that the defender of Hoppe must
exercise caution. It is tempting to respond to the above example by
saying, Thats silly. If Aristotle tried to justify his views to a barbarian debating opponent, he would necessarily be engaging in contradiction. Therefore, his views are in general unjustifiable.
Why is this response illegitimate? Because, if we accept it, then
we must also admit that human domination of lower animals is
also unjustifiable. Human beings never ask polar bears their thoughts
on zoos. Horses are never allowed to debate the justice of their position in society. But surely the Hoppeian would not consider the
denial of self-ownership to these creatures as an unjustifiable practice. Indeed, there are debates all the time on the issue of animal
rights, and humans do try to justify experiments on animals, slaughtering animals for food, etc. But when they do so, it is always in order
to convince other human beings. Nobodynot even animal rights
activistsever demands that we justify our practices to the animals
themselves.
Of course, the Hoppeian might respond that horses are not as
rational as humans, and therefore do not need to be consulted. But
Aristotle need only contend the same thing about barbarians: they
are not as rational as Greeks. Indeed, that was precisely why he held
that they were naturally slaves. And the only way a libertarian could
prove him wrong would be to argue that barbarians deserved the
same rights as Greeks; i.e., one would have to start from scratch in
trying to defend a libertarian concept of rights. Hoppes argument as
such offers nothing to help in this task. To assume from the outset
that whatever rights any particular individual enjoys (through argumentation), must therefore extend to all peopleincluding newborn
infants, the mentally retarded, as well as senile and comatose individuals, none of whom can successfully debateis to beg the question.3
This is a crucial point, so let us approach it from a different angle.
Suppose an animal rights activist reads Hoppes argument and is
fully convinced of its coherence, and is in fact overjoyed at its ramifications. She immediately announces to the world that she now has
irrefutable proof that slaughtering chickens is immoral. After all, how
3To
can someone possibly claim that a chicken need not have legal ownership of its body, without engaging in a performative contradiction?
We urge the skeptical reader not to dismiss our suggestion as
ridiculous. What is the actual error4 of our hypothetical animal rights
activist? There are many possible responses a Hoppeian might
advance; our point does not depend on the specific reply. But whatever the reply may be, if it is equally applicable to any human being,
then Hoppes argument must not make the universal case for libertarian rights, after all.5
4Assuming
5For example, if the reader excludes chickens on the ground that they cannot
God has granted humans temporary control over His property, just as
a landlord leases an apartment. However, just as the landlord would
prohibit certain destructive acts, so too (the theist might think)
would God prohibit such things as suicide and prostitution. Because
of his worldview, such a theist might argue (against a libertarian
atheist, perhaps) that people do not own their bodies, and that it is
perfectly legitimate for outsiders to use force to prevent someone
from committing suicide.
Now, we grant that the theist would have a difficult time proving his case; indeed, we would disagree with his conclusions if such
a theist really existed and advocated this stance. However, we do not
think he has, by making such a case, in any way engaged in contradiction. Since we have come up with a logical counterexample to his
sweeping result, Hoppes argument as it stands must be incorrect.7
Second, imagine that a Georgist were to argue that everyone
should own a piece of landed property. The Georgist could go so far
as to claim that his position is the only justifiable one. He could correctly observe that anyone debating him would necessarily grant
him (the Georgist) some standing room, and then he might deduce
from this true observation the conclusion that it would be a performative contradiction to deny that everyone is entitled to a piece of
land. We imagine that Hoppe would point out to such a Georgist that
using a piece of land during a debate does not entitle one to its full
ownership, and Hoppe would be correct. But by the same token,
Hoppes argument for ownership of ones body falls apart; Hoppe
has committed the exact same fallacy as our hypothetical Georgist.8
7I.e., Hoppe didnt begin his proof by saying, Assume God doesnt own
everyone.
8We can use this case of the hypothetical Georgist to fend off another possible counterresponse by the Hoppeian. In answer to the claims of our article,
the fan of Hoppes argumentation ethics might suggest that yes, although it
is possible to engage in a debate even if one, say, is a slave or has had a kidney removed at gunpoint, nonetheless the deck is stacked against such a
participant. (Imagine if the defense counsel were dependent upon the judge
for his daily bread!) Thus, the Hoppeian could conclude, it is still correct to
claim that, in the spirit of Habermas, one can only have a fair debate if ones
opponent has been granted full libertarian rights. But wait one moment: By
the same token, a typical member of the proletariat, who owns no landed
property and is utterly dependent on his weekly paycheck for survival, is not
in a very strong position to argue with fat cat capitalists. Does this mean that
the wage system is exploitative after all? The defender of Hoppe must be
very careful when proceeding on this slippery slope; once we move beyond
bare survival, it is no longer clear that we can stop at full libertarian rights.
Misesian economists will no doubt appreciate Hoppes frustration; he believes he is in the analogous position of someone being
asked to deal with ostensible counterexamples to the law of diminishing marginal utility. However, as we stated above, it is Hoppe who
is misunderstanding the type of claim being made. Yes, Hoppe is
arguing for a conclusion (namely, that only libertarian ethics are consistently justifiable) that by itself makes no empirical claims, and
hence cannot be falsified by observation. However, Hoppes chain of
arguments to reach that (empirically neutral) conclusion crucially
relies on an empirical assumption, to wit, that a person needs to
enjoy self-ownership (and all other libertarian rights) if he is to successfully debate. It is this empirical assumption that his critics
attacked, and quite successfully so: It is simply not true that one
needs to own his body in order to fairly debate, just as one doesnt
need to own standing room in order to fairly debate.
We do not wish to deny that there is a definite sense in which, if
there is to be a legitimate give-and-take of ideas, the two parties in
question must enjoy a degree of autonomy or freedom. It would
indeed be silly if the puppeteer debated his marionette, or if a man
trained his dog to engage in a mock argument. Yet this transcendental self-ownership is not what Hoppe is after; even the heretic being
burned at the stake ultimately has free will and owns his mind. It
was ingenious for Hoppe to attempt to equate the conditions necessary for rational discourse with the property rules of radical libertarianism, but it is obvious to us that this attempted mapping fails.
CONCLUSION
We believe that we have demonstrated the inadequacy of Hans
Hoppes argumentation ethic as a proof that libertarianism is the
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