Why Bother Considering Whether Government is Necessary?

 

Before my most recent trip to India I had to choose which of two recently purchased books I should take with me: Aeon Skoble’s Deleting the State, or Salvatore Babones’ Dharma Democracy. I chose Dharma Democracy (which I have since written about here) because I didn’t like the idea of trying to explain to an airport official that Deleting the State is a philosophical treatise rather than a manual for the violent overthrow of governments.

At that time, I would not have been able to point to pages 107-8 where Skoble argues explicitly against violent action to remove a government in any “nominally liberal democracy”. In the Afterword of the recently published second edition of his book, the author takes the opportunity to emphasize his opposition to violence by giving reasons for eschewing it and reiterating that deleting the state means “deleting the idea of the necessity of the state”.

The subtitle of the book is Requiem for an Illusion. The illusion Skoble refers to is the Hobbesian Fear that in the absence of a government “to keep them all in awe” people would find themselves at each others’ throats - in a war “of every man against every other man”.  I will discuss later the author’s reasons for considering the Hobbesian Fear an illusion.

Skoble regards the neo-Aristotelian conception of human flourishing provided by Douglas Rasmussen and Douglas Den Uyl as providing the best defense of a theory of individual liberty. He notes, however, that in Norms of Liberty the Dougs leave open the question of whether a political/legal order defending individual rights necessitates the existence of a state. Skoble points out that the difference between a state and a political/legal order is not trivial.

What is the point of philosophical anarchism? 

In the Afterword Skoble writes:

“If deleting the state means deleting the generally held notion that we need to have a state, and the only way to do it is to make philosophical arguments, we’re in a lot of trouble. Philosophers have a poor track record of being persuasive to large majorities. So what, one might ask, is the point of philosophical anarchism?”

The author goes on to answer that question cogently. However, before considering his response, I want to present a contrary argument.

Is the existence of government an issue that should occupy the minds of those who believe that liberty supports human flourishing? As far as I know, there is no country in the world in which citizens are currently faced with a choice between having a minimal state or no state at all. In liberal democracies – the countries that currently enjoy the greatest personal and economic freedom – liberty is being threatened by political movements with authoritarian tendencies. Authoritarianism is presented in the wrapping of different varieties of collectivist idealism which offer citizens the opportunity to attribute personal and social problems to immigration, foreign competition, the greed of the wealthy, systemic discrimination, environmental degradation or anything else that appears to justify a larger role for government. Shouldn’t libertarians be focusing their attention on supporting the political/legal order – democracy, or representative government - that has been most successful in promoting personal and economic freedom?

Readers who doubt that the countries with greatest economic and personal freedom are liberal democracies should take a look at the graphs shown in an essay I wrote last year. There may be serious errors in common measures of personal freedom for some countries - as noted in my recent essay on Indian politics – but the weight of evidence suggests that representative government has hitherto been more successful in defending individual rights than any other contemporary form of politico/legal order that currently exists in the real world.

So, how do I justify spending time thinking about utopian concepts such as philosophical anarchism instead of spending all my efforts opposing the advances of authoritarianism?

The first defence that comes to mind is that I find it interesting to think about the question of whether government is necessary. I think that is sufficient justification for a human to spend some time thinking about any topic.

However, I have reasons to be particularly interested in the potential for utopian thinking to play a useful role in considering public policy issues. I have claimed in the past:

“We are more likely to improve opportunities for human flourishing if we approach public policy issues with a view to both (a) upholding ideals that ought to apply and (b) the real-world constraints that should not be overlooked.”

I made that comment in a short essay considering Chris Sciabarra’s discussion of the anti-utopianism in the methodology of Marx and Hayek in Marx, Hayek and Utopia.

Skoble argues that anarchist arguments can help people to think about the limits of state power. He suggests that they can be used to clarify that getting a different group of office-holders into power will not resolve problems that are attributable to institutional structures. He cites mass incarceration and business regulation that stifles innovation as examples. He sums up:

“To make the case against the state is to undermine the idea that coercion is necessary for social order or that it is beneficial to human society. It is to point the way toward the continual need to scale back the scope of state power. It is to affirm the priorities of liberty and its necessary connection to human flourishing, and to keep us mindful of the ways in which the state, and our often-unthinking obedience to it, hinders that flourishing.”

Allaying the Hobbesian Fear

Those who argue that a government is necessary to maintain social cooperation often refer to the prisoner’s dilemma in game theory. Players can obtain a greater payoff if they both cooperate than if they both defect. However, each player has an incentive to defect in the hope of obtaining a greater payoff at the expense of the other player. On that basis, it is claimed that in the absence of a coercive intervention to enforce cooperation both players will end up defecting.

However, Skoble observes that defection is only the winning strategy in a one-shot game - social cooperation emerges spontaneously when the prisoner’s dilemma game is repeated over long periods. In support of this argument he refers to Robert Axelrod’s book The Evolution of Cooperation, which found that a tit-for-tat (reciprocation) strategy gave players higher payoffs than constant defection. The author notes that strategies that allow for the possibility that a defecting player may have made a mistake offer higher payoffs than tit-for-tat.

It may be worth adding that the utility maximizing assumptions of game theory tend to be less conducive to social cooperation than are real people engaged in trust games in a laboratory setting. As Vernon Smith and Bart Wilson noted in Humanomics, anonymously paired people are “predominantly caring other-regarding, independent actors in the personal social exchange context of trust games in the laboratory”.

Skoble makes the point that law ought to be construed as a natural consequence of attempts of people to live and work together rather than as something requiring a coercive monopoly power. Among other things, he notes that enforcement of property rights requires “a society that in fact recognizes the practicality of recognizing property rights” rather than a “monopolistic coercive authority”. In that context he discusses the history of spontaneous evolution of civil law conflict resolution drawing upon works by David Friedman and Murray Rothbard.

The author devotes a chapter to providing an extended example of the potential for disaster relief to be provided via voluntary cooperation rather than a centralized political authority.

In his final chapter, Skoble discusses the question of whether disagreements between libertarian anarchists and minimal-state libertarians are radically incommensurable, or capable of being resolved by dialogue. He argues that there are “no fundamental premises or values that separate anarchists from libertarian minimum-statists” that would prevent the differences between them being resolved by dialogue. There is even potential for dialogue between libertarians and welfarist liberals. Political philosophy can explore relevant questions such as the circumstances, if any, under which the will of the majority should override individual liberty.

Additional considerations

One argument that is sometimes advanced in opposition to philosophical anarchism is that a written constitution helps to protect liberty. Perhaps that is true of the United States, but it is not difficult to find examples of countries where constitutional provisions have failed to protect liberty. The former Soviet Union comes to mind. There are also notable examples of countries which have maintained a relatively high degree of liberty without written constitutional protections. Britain comes to mind.  

Roderick Long has suggested that those who believe government is necessary are being misled by a metaphysically illusive picture of what constitutional restraints are and how they work:

“The metaphysical illusion I referred to is the habit of thinking of constitutional restraints (checks and balances, separation of powers, etc.) as though these structures existed in their own right, as external limitations on society as a whole. But in fact those structures exist only insofar as they are continually maintained in existence by human agents acting in certain systematic ways. A constitution is not some impersonal, miraculously self-enforcing robot. It’s an ongoing pattern of behavior, and it persists only so long as human agents continue to conform to that pattern in their actions.” (Long, 2008)

I have previously discussed similar views of the nature of constitutions by Sheldon Richman (here) and Douglass North (here).

A more difficult argument to contend with is that the free rider problem would prevent adequate provision of national defense. I think John Hasnas has advanced an appropriate response to that argument. He suggests that an inability to raise sufficient capital to engage in foreign military adventures or pre-emptive warfare without resort to coercion proves nothing about the potential for defense against outside aggression to be funded voluntarily.

Hasnas acknowledges that he doesn’t know whether sufficient funds could be raised by voluntary means to fund protection against outside aggression. He suggests:

“No one believes that we can transition from a world of states to anarchy instantaneously. No reasonable anarchist advocates the total dissolution of government tomorrow. Once we turn our attention to the question of how to move incrementally from government to anarchy, it becomes apparent that national defense would be one of the last governmental functions to be de-politicized.”

That seems to me to be a sensible position to adopt. It does not preclude the possibility that a society that moves incrementally to reduce coercion of some by others will one day end up not requiring coercion to ensure appropriate provision of any goods currently provided by governments.

Conclusion

This essay has been prompted by my reading of the Second edition of Aenon Skoble’s book, Deleting the State.

Early in the essay, I posed the question of whether the existence of government is an issue that should currently occupy the minds of libertarians in the light of current threats to liberty by political movements with authoritarian tendencies. Skoble provides an appropriate response in his defense of philosophical consideration of the possibility of anarchy. In particular, he suggests that such philosophical endeavours help libertarians to make the point that getting a different group of office holders into power will not resolve problems that are attributable to the existence and scope of state power.

A central concern of the book is to allay the Hobbesian Fear that people will be unable to obtain the benefits of social cooperation in the absence of a government to maintain order. In my view, Skoble provides strong arguments to allay that fear.

I endorse Skoble’s view that law ought to be construed as a natural consequence of attempts of people to live and work together, rather than as something requiring a coercive monopoly power. Constitutional restraints are not self-enforcing. It cannot be assumed that they would continue to offer protection of the rights of citizens if enforcement of them did not have broad community support.

The question of how national defense could be provided without coercive taxation is probably the most challenging obstacle to attempts by philosophical anarchists to persuade minarchists that anarchy is a viable option. In my view, it makes sense to acknowledge the difficulties that would be encountered at present in ensuring adequate voluntary provision of defense resources. That doesn’t mean, however, that it makes sense to assume that coercive taxation will always be required to fund defense. Libertarians who have the objective of reducing coercion “as much as possible in society”, should leave open the possibility that at some stage elimination of the state could become a viable option.  

References

Axelrod, Robert, The Evolution of Cooperation (Basic Books, 1984).

Babones, Salvatore, Dharma Democracy: How India Built the Third World’s First Democracy (Connor Court Publishing, 2025).

Hasnas, John, Common Law Liberalism: A New Theory of the Libertarian Society (Oxford University Press, 2024).

Hayek, F. A. The Constitution of Liberty (University of Chicago Press, 1960)

Long, R. T. “Market anarchism as constitutionalism”, in R. T. Long & T. R. Machan (Eds.), Anarchism/Minarchism: Is a government part of a free country? (Ashgate Publishing, 2008). pp. 133–154.

Sciabarra, Chris Matthew, Marx, Hayek and Utopia (State University of New York Press, 1995).

Skoble, Aeon J. Deleting the State: Requiem for an Illusion, Second edition (Independent Institute, 2026).

Smith, Vernon L., and Bart J. Wilson, Humanomics: Moral Sentiments and the Wealth of Nations for the Twenty-First Century (Cambridge University Press, 2019).