NB: All previous chapters can be found here.
John
8: 3 The teachers of the law and the Pharisees brought in a woman caught in
adultery. They made her stand before the group 4 and said to Jesus, “Teacher,
this woman was caught in the act of adultery. 5 In the Law Moses commanded us
to stone such women. Now what do you say?”
7 When they kept on questioning
him, he straightened up and said to them, “Let any one of you who is without
sin be the first to throw a stone at her.”
9 At this, those who heard began
to go away one at a time, the older ones first, until only Jesus was left, with
the woman still standing there. 10 Jesus straightened up and asked her, “Woman,
where are they? Has no one condemned you?”
11 “No one, sir,” she said. “Then neither do I condemn you,” Jesus
declared. “Go now and leave your life of sin.”
Apparently, this text was not found in the earliest
manuscripts. But it seems reasonable to
conclude that it depicts behavior consistent with the Jesus we know from the
Gospels. Would we expect the sinless Jesus
to cast the first stone, or for Him to advocate that the sinning and hypocritical
Pharisees do so?
I have offered fourteen chapters for making the case for
natural law and making the case that natural law is the necessary basis for
liberty. Finally, the chapter on integrating
the non-aggression principle. While the
concept in this chapter is the easiest for me to grasp intellectually, it is
proving for me the most difficult to put into words. The entirety of the chapter can be summarized
via the passage cited above.
Without going into details of a natural law ethic, it is
clear that many violations of natural law do not at the same time violate the non-aggression
principle:
The non-aggression principle is an
ethical stance which asserts that "aggression" is inherently
illegitimate. "Aggression" is defined as the "initiation"
of physical force against persons or property, the threat of such, or fraud
upon persons or their property. In contrast to pacifism, the non-aggression
principle does not preclude violent self-defense.
I have often simplified this: don’t hit first; don’t take my
stuff. This, therefor, leads to the
conclusion that under the non-aggression principle crime requires a victim, and
that physical punishment can only be dished out for a crime. Consistent libertarians would also apply this
same ethic to actors in any government institution: agency for an action cannot
be granted by one who does not hold a right to so act.
But to get an idea of where natural law and the
non-aggression principle might not be on the same page, consider the chapter
titles from Walter Block’s Defending the
Undefendable:
The Prostitute, The Pimp, The Male
Chauvinist Pig, The Drug Pusher, The Drug Addict, The Blackmailer, The
Slanderer and Libeler, The Denier of Academic Freedom, The Advertiser, The
Person Who Yells “Fire!” in a Crowded Theater, The Gypsy Cab Driver, The
Ticket, The Dishonest Cop, The (Nongovernment) Counterfeiter, The Miser, The
Inheritor, The Moneylender, The Noncontributor to Charity, The Curmudgeon, The
Slumlord, The Ghetto Merchant, The Speculator, The Importer, The Middleman, The
Profiteer, The Stripminer, The Litterer, The Wastemakers, The Fat
Capitalist-Pig Employer, The Scab, The Rate Buster, The Employer of Child
Labor.
Block does not defend these from an ethical stance; he does
offer that these would not be punishable under libertarian law. I have no doubt that Block considered each in
accord with the non-aggression principle and found these not worthy of physical
punishment or an action permitting self-defense.
Yet many of these, without doubt, violate what would be
considered Aristotelian-Thomistic Natural Law.
We could certainly identify a community that accepted these behaviors as
libertine; but could we also say that such a community would remain in
liberty? I think not for long. Would we even describe such a society as one
in liberty? Maybe to some, but something
akin to hell for many.
Of course, there are libertarian-consistent ways around this
dilemma, this disagreement between natural law and the non-aggression principle
– voluntary ways: a voluntarily-organized community is free to place any rules
or prohibitions on behavior as desired by its members or by the underlying covenant
agreements.
Such a community is free to define rules and punishment
fully in accord with natural law. But this
is secondary to my point: for a community to remain in liberty, it must
respect natural law. In other words,
natural law is not optional if one is to consider liberty as the
objective.
Alexandr Solzhenitsyn offered:
A society which is based on the
letter of the law and never reaches any higher is taking very scarce advantage
of the high level of human possibilities.
Humans are designed with a purpose, an end. Is there a higher form of liberty possible for
a human being beyond being free to achieve his purpose, his end? Is it possible for a human being – or any
part of creation – to be free or remain free if it purposefully acts contrary
to its ends, contrary to the ends from which natural law is derived?
Is a fish free when it escapes the confines of water? “Oh, yes” – you will retort – “we must accept
our physical limitations, just as a fish must.”
(I know that this statement opens an entirely different can of worms, I
will only answer for now with Lewis’s Abolition
of Man.) Is a man free when he
escapes the confines of an atmosphere that offers oxygen? Of course not. We know we cannot violate such physical laws
and remain free.