A group, as such, has no rights. A man can neither acquire new rights by joining a group nor lose the rights which he does possess. The principle of individual rights is the only moral base of all groups or associations.
Any group that does not recognize this principle is not an association, but a gang or a mob.
Any doctrine of group activities that does not recognize individual rights is a doctrine of mob rule or legalized lynching.
The notion of "collective rights" (the notion that rights belong to groups, not to individuals) means that "rights" belong to some men, but not to others-that some men have the "right" to dispose of others in any manner they please-and that the criterion of such privileged position consists of numerical superiority.
Nothing can ever justify or validate such a doctrine-and no one ever has. Like the altruist morality from which it is derived, this doctrine rests on mysticism: either on the old-fashioned mysticism of faith in supernatural edicts, like "The Divine Right of Kings"-or on the social mystique of modern collectivists who see society as a super-organism, as some supernatural entity apart from and superior to the sum of its individual members.
The amorality of that collectivist mystique is particularly obvious today in the issue of national rights.
A nation, like any other group, is only a number of individuals and can have no rights other than the rights of its individual citizens. A free nationa nation that recognizes, respects and protects the individual rights of its citizens-has a right to its territorial integrity, its social system and its form of government. The government of such a nation is not the ruler, but the servant or agent of its citizens and has no rights other than the rights delegated to it by the citizens for a specific, delimited task (the task of protecting them from physical force, derived from their right of self-defense).
The citizens of a free nation may disagree about the specific legal procedures or methods of implementing their rights (which is a complex problem, the province of political science and of the philosophy of law), but they agree on the basic principle to be implemented: the principle of individual rights. When a country's constitution places individual rights outside the reach of public authorities, the sphere of political power is severely delimited-and thus the citizens may, safely and properly, agree to abide by the decisions of a majority vote in this delimited sphere. The lives and property of minorities or dissenters are not at stake, are not subject to vote and are not endangered by any majority decision; no man or group holds a blank check on power over others.
Such a nation has a right to its sovereignty (derived from the rights of its citizens) and a right to demand that its sovereignty be respected by all other nations.
But this right cannot be claimed by dictatorships, by savage tribes or by any form of absolutist tyranny. A nation that violates the rights of its own citizens cannot claim any rights whatsoever. In the issue of rights, as in all moral issues, there can be no double standard. A nation ruled by brute physical force is not a nation, but a horde-whether it is led by Attila, Genghis Khan, Hitler, Khrushchev or Castro. What rights could Attila claim and on what grounds?
This applies to all forms of tribal savagery, ancient or modern, primitive or "industrialized." Neither geography nor race nor tradition nor previous state of development can confer on some human beings the "right" to violate the rights of others.
The right of "the self-determination of nations" applies only to free societies or to societies seeking to establish freedom; it does not apply to dictatorships. Just as an individual's right of free action does not include the "right" to commit crimes (that is, to violate the rights of others), so the right of a nation to determine its own form of government does not include the right to establish a slave society (that is, to legalize the enslavement of some men by others). There is no such thing as "the right to enslave." A nation can do it, just as a man can become a criminal-but neither can do it by right.
It does not matter, in this context, whether a nation was enslaved by force, like Soviet Russia, or by vote, like Nazi Germany. Individual rights are not subject to a public vote; a majority has no right to vote away the rights of a minority; the political function of rights is precisely to protect minorities from oppression by majorities (and the smallest minority on earth is the individual). Whether a slave society was conquered or chose to be enslaved, it can claim no national rights and no recognition of such "rights" by civilized countries-just as a mob of gangsters cannot demand a recognition of its "rights" and a legal equality with an industrial concern or a university, on the ground that the gangsters chose by unanimous vote to engage in that particular kind of group activity.
Dictatorship nations are outlaws. Any free nation had the right to invade Nazi Germany and, today, has the right to invade Soviet Russia, Cuba or any other slave pen. Whether a free nation chooses to do so or not is a matter of its own self-interest, not of respect for the nonexistent "rights" of gang rulers. It is not a free nation's duty to liberate other nations at the price of self-sacrifice, but a free nation has the right to do it, when and if it so chooses.
This right, however, is conditional. Just as the suppression of crimes does not give a policeman the right to engage in criminal activities, so the invasion and destruction of a dictatorship does not give the invader the right to establish another variant of a slave society in the conquered country.
A slave country has no national rights, but the individual rights of its citizens remain valid, even if unrecognized, and the conqueror has no right to violate them. Therefore, the invasion of an enslaved country is morally justified only when and if the conquerors establish a free social system, that is, a system based on the recognition of individual rights.
Since there is no fully free country today, since the so-called "Free World" consists of various "mixed economies," it might be asked whether every country on earth is morally open to invasion by every other. The answer is: No. There is a difference between a country that recognizes the principle of individual rights, but does not implement it fully in practice, and a country that denies and flouts it explicitly. All "mixed economies" are in a precarious state of transition which, ultimately, has to turn to freedom or collapse into dictatorship. There are four characteristics which brand a country unmistakably as a dictatorship: one-party rule-executions without trial or with a mock trial, for political offenses-the nationalization or expropriation of private property-and censorship. A country guilty of these outrages forfeits any moral prerogatives, any claim to national rights or sovereignty, and becomes an outlaw.
Observe, on this particular issue, the shameful end-of-trail and the intellectual disintegration of modern "liberals."
Internationalism had always been one of the "liberals' " basic tenets. They regarded nationalism as a major social evil, as a product of capitalism and as the cause of wars. They opposed any form of national self-interest; they refused to differentiate between rational patriotism and blind, racist chauvinism, denouncing both as "fascist." They advocated the dissolution of national boundaries and the merging of all nations into "One World." Next to property rights, "national rights" were the special target of their attacks.
Today, it is "national rights" that they invoke as their last, feeble, fading hold on some sort of moral justification for the results of their theories-for the brood of little statist dictatorships spreading, like a skin disease, over the surface of the globe, in the form of so-called "newly emerging nations," semi-socialist, semi-communist, semi-fascist, and wholly committed only to the use of brute force.
It is the "national right" of such countries to choose their own form of government (any form they please) that the "liberals" offer as a moral validation and ask us to respect. It is the "national right" of Cuba to its form of government, they claim, that we must not violate or interfere with. Having all but destroyed the legitimate national rights of free countries, it is for dictatorships that the "liberals" now claim the sanction of "national rights."
And
worse: it is not mere nationalism that the "liberals" champion, but racism-primordial tribal racism.
Observe the double standard: while, in the civilized countries of the West, the "liberals" are still advocating internationalism and global self-sacrifice-the savage tribes of Asia and Africa are granted the sovereign "right" to slaughter one another in racial warfare. Mankind is reverting to a pre-industrial, prehistorical view of society: to racial collectivism.
Such is the logical result and climax of the "liberals' " moral collapse which began when, as a prelude to the collectivization of property, they accepted the collectivization of rights.
Their own confession of guilt lies in their terminology. Why do they use the word "rights" to denote the things they are advocating? Why don't they preach what they practice? Why don't they name it openly and attempt to justify it, if they can?
The answer is obvious.
(June 1963)
14. The Nature of Government
by Ayn Rand
A government is an institution that holds the exclusive power to enforce certain rules of social conduct in a given geographical area.
Do men need such an institution-and why?
Since man's mind is his basic tool of survival, his means of gaining knowledge to guide his actions-the basic condition he requires is the freedom to think and to act according to his rational judgment. This does not mean that a man must live alone and that a desert island is the environment best suited to his needs. Men can derive enormous benefits from dealing with one another. A social environment is most conducive to their successful survival—but only on certain conditions.
"The two great values to be gained from social existence are: knowledge and trade. Man is the only species that can transmit and expand his store of knowledge from generation to generation; the knowledge potentially available to man is greater than any one man could begin to acquire in his own lifespan; every man gains an incalculable benefit from the knowledge discovered by others. The second great benefit is the division of labor: it enables a man to devote his effort to a particular field of work and to trade with others who specialize in other fields. This form of cooperation allows all men who take part in it to achieve a greater knowledge, skill and productive return on their effort than they could achieve if each had to produce everything he needs, on a desert island or on a self-sustaining farm.
"But these very benefits indicate, delimit and define what kind of men can be of value to one another and in what kind of society: only rational, productive, independent men in a rational, productive, free society." ("The Objectivist Ethics.") A society that robs an individual of the product of his effort, or enslaves him, or attempts to limit the freedom of his mind, or compels him to act against his own rational judgment-a society that sets up a conflict between its edicts and the requirements of man's nature-is not, strictly speaking, a society, but a mob held together by institutionalized gang-rule. Such a society destroys all the values of human coexistence, has no possible justification and represents, not a source of benefits, but the deadliest threat to man's survival. Life on a desert island is safer than and incomparably preferable to existence in Soviet Russia or Nazi Germany.
If men are to live together in a peaceful, productive, rational society and deal with one another to mutual benefit, they must accept the basic social principle without which no moral or civilized society is possible: the principle of individual rights. (See Chapters 12 and 13.) To recognize individual rights means to recognize and accept the conditions required by man's nature for his proper survival.
Man's rights can be violated only by the use of physical force. It is only by means of physical force that one man can deprive another of his life, or enslave him, or rob him, or prevent him from pursuing his own goals, or compel him to act against his own rational judgment.
The precondition of a civilized society is the barring of physical force from social relationships-thus establishing the principle that if men wish to deal with one another, they may do so only by means of reason: by discussion, persuasion and voluntary, uncoerced agreement.
The necessary consequence of man's right to life is his right to self-defense. In a civilized society, force may be used only in retaliation and only against those who initiate its use. All the reasons which make the initiation of physical force an evil, make the retaliatory use of physical force a moral imperative.
If some "pacifist" society renounced the retaliatory use of force, it would be left helplessly at the mercy of the first thug who decided to be immoral. Such a society would achieve the opposite of its intention: instead of abolishing evil, it would encourage and reward it.
If a society provided no organized protection against force, it would compel every citizen to go about armed, to turn his home into a fortress, to shoot any strangers approaching his door-or to join a protective gang of citizens who would fight other gangs, formed for the same purpose, and thus bring about the degeneration of that society into the chaos of gang-rule, i.e., rule by brute force, into perpetual tribal warfare of prehistorical savages.
The use of physical force-even its retaliatory use-cannot be left at the discretion of individual citizens. Peaceful coexistence is impossible if a man has to live under the constant threat of force to be unleashed against him by any of his neighbors at any moment. Whether his neighbors' intentions are good or bad, whether their judgment is rational or irrational, whether they are motivated by a sense of justice or by ignorance or by prejudice or by malice-the use of force against one man cannot be left to the arbitrary decision of another.
Visualize, for example, what would happen if a man missed his wallet, concluded that he had been robbed, broke into every house in the neighborhood to search it, and shot the first man who gave him a dirty look, taking the look to be a proof of guilt.
The retaliatory use of force requires objective rules of evidence to establish that a crime has been committed and to prove who committed it, as well as objective rules to define punishments and enforcement procedures. Men who attempt to prosecute crimes, without such rules, are a lynch mob. If a society left the retaliatory use of force in the hands of individual citizens, it would degenerate into mob rule, lynch law and an endless series of bloody private feuds or vendettas.
If physical force is to be barred from social relationships, men need an institution charged with the task of protecting their rights under an objective code of rules.
This is the task of a government-of a proper government-its basic task, is only moral justification and the reason why men do need a government.
A government is the means of placing the retaliatory use of physical force under objective control-i.e., under objectively defined laws.
The fundamental difference between private action and governmental actiona difference thoroughly ignored and evaded today-lies in the fact that a government holds a monopoly on the legal use of physical force. It has to hold such a monopoly, since it is the agent of restraining and combating the use of force; and for that very same reason, its actions have to be rigidly defined, delimited and circumscribed; no touch of whim or caprice should be permitted in its performance; it should be an impersonal robot, with the laws as its only motive power. If a society is to be free, its government has to be controlled.
Under a proper social system, a private individual is legally free to take any action he pleases (so long as he does not violate the rights of others), while a government official is bound by law in his every official act. A private individual may do anything except that which is legally forbidden; a government official may do nothing except that which is legally permitted.
This is the means of subordinating "might" to "right." This is the American concept of "a government of laws and not of men."
The nature of the laws proper to a free society and the source of its government's authority are both to be derived from the nature and purpose of a proper government. The basic principle of both is indicated in The Declaration of Independence: "to secure the
se [individual] rights, governments are instituted among men, deriving their just powers from the consent of the governed ..."
Since the protection of individual rights is the only proper purpose of a government, it is the only proper subject of legislation: all laws must be based on individual rights and aimed at their protection. All laws must be objective (and objectively justifiable): men must know clearly, and in advance of taking an action, what the law forbids them to do (and why), what constitutes a crime and what penalty they will incur if they commit it.
The source of the government's authority is "the consent of the governed." This means that the government is not the ruler, but the servant or agent of the citizens; it means that the government as such has no rights except the rights delegated to it by the citizens for a specific purpose.
There is only one basic principle to which an individual must consent if he wishes to live in a free, civilized society: the principle of renouncing the use of physical force and delegating to the government his right of physical self-defense, for the purpose of an orderly, objective, legally defined enforcement. Or, to put it another way, he must accept the separation of force and whim (any whim, including his own).
Now what happens in case of a disagreement between two men about an undertaking in which both are involved?
In a free society, men are not forced to deal with one another. They do so only by voluntary agreement and, when a time element is involved, by contract. If a contract is broken by the arbitrary decision of one man, it may cause a disastrous financial injury to the other-and the victim would have no recourse except to seize the offender's property as compensation. But here again, the use of force cannot be left to the decision of private individuals. And this leads to one of the most important and most complex functions of the government: to the function of an arbiter who settles disputes among men according to objective laws.
Criminals are a small minority in any semicivilized society. But the protection and enforcement of contracts through courts of civil law is the most crucial need of a peaceful society; without such protection, no civilization could be developed or maintained.