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The Non-Aggression Axiom, Utilitarianism, and Natural Law: Differentiating Morality, Practicality, and Legality
The non-aggression axiom is, to me, the moral standard. It says basically no coercion can be used unless in response to initiated coercion. This means initiation of force breaks this axiom, and in some views even self defense violates it. It judges ethics according to intention, not consequence.
Utilitarianism is, to me, the practical standard. It's a rejection of the concept of rights, deontological morality, law, and is instead the belief in "the choice that lessens pain or increases happiness for me/mine". It takes into account ethics only once the consequences are known. This means if the act in question lessens your pain (or increases happiness), or is the choice that leads to the lesser coercion given other possibilities, that it is the practical choice. Acting upon any other motiviation breaks this principle.
Natural Law Theory is, to me, the standard of all law. It says that if you harm or defraud then you are breaking Natural Law. This includes evaluation of laws of the state themselves, attempting to discern if a law is truly "just" or not. This concept also says unalienable (also spelled inalienable) rights exist, either bestowed by the Creator or by simple virtue of our humanity (depending on your religious beliefs or lack thereof). Natural Rights are a necessary aspect of Natural Law, although it differs little in application from the non-aggression axiom. Natural Law is often refered to as the "Do No Harm" principle, although unlike the non-aggression axiom it does not include pacifism. The non-aggression axiom can be taken to a logical end (although it isn't often taken that far) to mean pacifism, whereas Natural Law always allows for lawful self defense.
These three concepts often find sharp contrast when compared. It is my opinion that all three exist simultaneously at times, and independently at times. The trick is finding the UPB (Stefan Molyneux's concept of Universally Preferred Behavior). I will attempt to show how all three concepts operate independently for certain applications, and yet overlap due to each of their shortcomings in the other two areas. I'll endeavor to prove none of these concepts are wrong or right totally, and that all are right and wrong given the specific application. I'll use extreme and moderate examples to prove my case.
I'd also like to point out, before advancing further, that often times the deontological judgements pre-action (of the non-aggression axiom or Natural Law) will match the consequentialist judgements (of utilitarianism). The difference may be strictly semantic in nature when all is said and done. The same can be said of a lesser used ethical theory called pragmatic ethics (used mostly in science). But for now, I'm attempting to show their similarities, differences, successes, and failures in application.
Let us first say where each idea is best used. The NAP (non-aggression axiom/principle) is the best standard for ethics/morality (in my opinion). Utilitarianism is best used to discern a practical and rational action when the NAP increases pain (thereby decreasing necessary happiness) for the individual (or their treasured persons, possessions, or property) or coerces the individual (or their treasured persons, possessions, or property) in it's application. The Natural Law and Natural Rights are best used to determine what is lawful and to settle disputes.
Hypothetical situations: Moderate and Extreme
Let's say you want your neighbor's food because it is better than the plentiful food you have. Would this be moral/ethical? According to NAP, obviously not.
By utility you should take the food if your neighbor lacks the ability to stop you or take it back, retaliate, use law to retaliate, or otherwise raise your level of pain or coercion upon you.
By Natural Law this is theft of a serious nature.
Now let's assume the extreme scenario where you and your children are starving to death. Is it moral/ethical to steal the food now? No, not according to the NAP.
By utility you should again take the food, but this time because it will definately reduce pain and the coercion of the NAP, regardless of retaliatory scenarios, which restricts your ability to steal. Afterall, starving to death is worse pain (and less happiness) than the consequential penalties.
By Natural Law this is theft of less serious degree, but theft nonetheless.
From this example you should see that the NAP retains it's moral standard, but also in the extreme it increases pain and coerces. You should also see utility violates the law and NAP, but in the extreme is the practical answer to decrease pain and to restrain the coercive nature of the NAP in such extremes. Lastly, you should see that the NL (Natural Law) always acknowledges the illegality of stealing and the NR (Natural Right) to possession/property. In the extreme or in the moderate the NL takes into account individual corroborating and mitigating circumstances. A legal arbiter/judge would always take each case on it's own merits and circumstances. The NL never puts blanket standards on any crime, although it will retain it's criminality.
I'd also like to point out, NL does not require a state in any way. It can be practiced in common law settings, private arbitration, et cetera.
Another Moderate and Extreme Scenario:
Let's say you want to tax your neighbors to pay for some prefered project (like roads or what have you). Would this be moral/ethical? According to NAP, no it's not.
By utility this is a question, again, of what causes the least coercion for you, or the least pain. Let's assume in this example, unlike the last one, that the neighbor is capable of defending their possessions/property. So, in this case utility says do not tax your neighbor.
By Natural Law tax is extortion on the threat of violence or kidnapping (prison). It is, therefore, illegal.
Now let's assume you are starving to death again, and this prefered project is standing in the way of survival. Is this moral/ethical now, according to NAP? No.
Is there proper utility to tax? Yes.
According to NL this tax is still a crime, albeit a lesser one due to circumstances. Punishment is still required, at least in terms of renumeration, as NL lays no cover for extortion and threats.
You should see a pattern. You should be able to apply the ideas now with insight.
The NAP is always in effect given it does not coerce you into a painful situation beyond that of utility. Even when not in effect, it still bears the standard of morality and ethics. Judging ethics based on simple intention can have the failing of disregarding consequence.
When the utility in acting coercively (aggressively) lessens pain or leads to less coercion than inaction, utility becomes the practical path. It does not make the act moral/ethical however (in my opinion). Judging ethics based on simple consequence can also have the failing of defending accidental "good" outcomes when ill intent was the cause.
The NL will always side with the NAP, except in cases of pacifism, but will do so in degrees. The NAP is a right/wrong situation, whereas the NL is more a matter of severity when punishments for that right/wrong act occurs. Only when utility is applied does the normal person act unethically/immorally/amorally, and in doing so break the law. You can use utility and not break a law as well.
It's also possible that these things will overlap in terms of NAP being right, utility opting for the same right choice by the NAP, and the NL deeming these acts legal/lawful. Also, the NAP can show something to be wrong, utility can be lacking in acting against the NAP's appraisal, and the NL will of course side with both.
What we have are three separate pendulums that all swing independent of the others, but may collide, or swing in unison, at certain times. You can picture this as a blue circle for NAP, a green circle for utility, and a red circle for NL/NR. Imagine all three circles overlap. You'll notice that NL/NR, if you imagine it in the center, utility on the left , and the NAP on the right, is overlapped by both quite a bit, whereas NAP and utility barely overlap each other. Many activities will not be illegal, but will be immoral/amoral (because of the pacifism contained in NAP, depending on interpretation). Regardless, when they are not in agreement one must not confuse practicality for legality or morality, legality for practical solutions or moral standards, and morality for practicality or lawful standards.
The UPB will be what is moral in some cases, what is practical in others, and what is legal to varying degrees in still others. It is universally preferable for theft to be unlawful, but in cases where you are starving to death and it reduces pain and coercion (inspite of the law and morality) it's illegality will be a matter of degree. In the latter case, I would say the UPB is stealing the food. Afterall, lessening coercion should always be preferable in the absence of a non-coercive choice.
This is the important conclusion: that in the absence of a non-coercive choice, the "path of least coercion" should be chosen.
(Thank you for reading all that, please comment or critique below. The preceeding is an excerpt from a book I'm thinking of self-publishing; a collection of essays I've written on anarchism as I see it.)
The non-aggression axiom is, to me, the moral standard. It says basically no coercion can be used unless in response to initiated coercion. This means initiation of force breaks this axiom, and in some views even self defense violates it. It judges ethics according to intention, not consequence.
Utilitarianism is, to me, the practical standard. It's a rejection of the concept of rights, deontological morality, law, and is instead the belief in "the choice that lessens pain or increases happiness for me/mine". It takes into account ethics only once the consequences are known. This means if the act in question lessens your pain (or increases happiness), or is the choice that leads to the lesser coercion given other possibilities, that it is the practical choice. Acting upon any other motiviation breaks this principle.
Natural Law Theory is, to me, the standard of all law. It says that if you harm or defraud then you are breaking Natural Law. This includes evaluation of laws of the state themselves, attempting to discern if a law is truly "just" or not. This concept also says unalienable (also spelled inalienable) rights exist, either bestowed by the Creator or by simple virtue of our humanity (depending on your religious beliefs or lack thereof). Natural Rights are a necessary aspect of Natural Law, although it differs little in application from the non-aggression axiom. Natural Law is often refered to as the "Do No Harm" principle, although unlike the non-aggression axiom it does not include pacifism. The non-aggression axiom can be taken to a logical end (although it isn't often taken that far) to mean pacifism, whereas Natural Law always allows for lawful self defense.
These three concepts often find sharp contrast when compared. It is my opinion that all three exist simultaneously at times, and independently at times. The trick is finding the UPB (Stefan Molyneux's concept of Universally Preferred Behavior). I will attempt to show how all three concepts operate independently for certain applications, and yet overlap due to each of their shortcomings in the other two areas. I'll endeavor to prove none of these concepts are wrong or right totally, and that all are right and wrong given the specific application. I'll use extreme and moderate examples to prove my case.
I'd also like to point out, before advancing further, that often times the deontological judgements pre-action (of the non-aggression axiom or Natural Law) will match the consequentialist judgements (of utilitarianism). The difference may be strictly semantic in nature when all is said and done. The same can be said of a lesser used ethical theory called pragmatic ethics (used mostly in science). But for now, I'm attempting to show their similarities, differences, successes, and failures in application.
Let us first say where each idea is best used. The NAP (non-aggression axiom/principle) is the best standard for ethics/morality (in my opinion). Utilitarianism is best used to discern a practical and rational action when the NAP increases pain (thereby decreasing necessary happiness) for the individual (or their treasured persons, possessions, or property) or coerces the individual (or their treasured persons, possessions, or property) in it's application. The Natural Law and Natural Rights are best used to determine what is lawful and to settle disputes.
Hypothetical situations: Moderate and Extreme
Let's say you want your neighbor's food because it is better than the plentiful food you have. Would this be moral/ethical? According to NAP, obviously not.
By utility you should take the food if your neighbor lacks the ability to stop you or take it back, retaliate, use law to retaliate, or otherwise raise your level of pain or coercion upon you.
By Natural Law this is theft of a serious nature.
Now let's assume the extreme scenario where you and your children are starving to death. Is it moral/ethical to steal the food now? No, not according to the NAP.
By utility you should again take the food, but this time because it will definately reduce pain and the coercion of the NAP, regardless of retaliatory scenarios, which restricts your ability to steal. Afterall, starving to death is worse pain (and less happiness) than the consequential penalties.
By Natural Law this is theft of less serious degree, but theft nonetheless.
From this example you should see that the NAP retains it's moral standard, but also in the extreme it increases pain and coerces. You should also see utility violates the law and NAP, but in the extreme is the practical answer to decrease pain and to restrain the coercive nature of the NAP in such extremes. Lastly, you should see that the NL (Natural Law) always acknowledges the illegality of stealing and the NR (Natural Right) to possession/property. In the extreme or in the moderate the NL takes into account individual corroborating and mitigating circumstances. A legal arbiter/judge would always take each case on it's own merits and circumstances. The NL never puts blanket standards on any crime, although it will retain it's criminality.
I'd also like to point out, NL does not require a state in any way. It can be practiced in common law settings, private arbitration, et cetera.
Another Moderate and Extreme Scenario:
Let's say you want to tax your neighbors to pay for some prefered project (like roads or what have you). Would this be moral/ethical? According to NAP, no it's not.
By utility this is a question, again, of what causes the least coercion for you, or the least pain. Let's assume in this example, unlike the last one, that the neighbor is capable of defending their possessions/property. So, in this case utility says do not tax your neighbor.
By Natural Law tax is extortion on the threat of violence or kidnapping (prison). It is, therefore, illegal.
Now let's assume you are starving to death again, and this prefered project is standing in the way of survival. Is this moral/ethical now, according to NAP? No.
Is there proper utility to tax? Yes.
According to NL this tax is still a crime, albeit a lesser one due to circumstances. Punishment is still required, at least in terms of renumeration, as NL lays no cover for extortion and threats.
You should see a pattern. You should be able to apply the ideas now with insight.
The NAP is always in effect given it does not coerce you into a painful situation beyond that of utility. Even when not in effect, it still bears the standard of morality and ethics. Judging ethics based on simple intention can have the failing of disregarding consequence.
When the utility in acting coercively (aggressively) lessens pain or leads to less coercion than inaction, utility becomes the practical path. It does not make the act moral/ethical however (in my opinion). Judging ethics based on simple consequence can also have the failing of defending accidental "good" outcomes when ill intent was the cause.
The NL will always side with the NAP, except in cases of pacifism, but will do so in degrees. The NAP is a right/wrong situation, whereas the NL is more a matter of severity when punishments for that right/wrong act occurs. Only when utility is applied does the normal person act unethically/immorally/amorally, and in doing so break the law. You can use utility and not break a law as well.
It's also possible that these things will overlap in terms of NAP being right, utility opting for the same right choice by the NAP, and the NL deeming these acts legal/lawful. Also, the NAP can show something to be wrong, utility can be lacking in acting against the NAP's appraisal, and the NL will of course side with both.
What we have are three separate pendulums that all swing independent of the others, but may collide, or swing in unison, at certain times. You can picture this as a blue circle for NAP, a green circle for utility, and a red circle for NL/NR. Imagine all three circles overlap. You'll notice that NL/NR, if you imagine it in the center, utility on the left , and the NAP on the right, is overlapped by both quite a bit, whereas NAP and utility barely overlap each other. Many activities will not be illegal, but will be immoral/amoral (because of the pacifism contained in NAP, depending on interpretation). Regardless, when they are not in agreement one must not confuse practicality for legality or morality, legality for practical solutions or moral standards, and morality for practicality or lawful standards.
The UPB will be what is moral in some cases, what is practical in others, and what is legal to varying degrees in still others. It is universally preferable for theft to be unlawful, but in cases where you are starving to death and it reduces pain and coercion (inspite of the law and morality) it's illegality will be a matter of degree. In the latter case, I would say the UPB is stealing the food. Afterall, lessening coercion should always be preferable in the absence of a non-coercive choice.
This is the important conclusion: that in the absence of a non-coercive choice, the "path of least coercion" should be chosen.
(Thank you for reading all that, please comment or critique below. The preceeding is an excerpt from a book I'm thinking of self-publishing; a collection of essays I've written on anarchism as I see it.)
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