Is Libertarian View of Taxation Morally Acceptable?

Thread 1: Many of us have adverse reactions to taxation. How do you feel about the Libertarian view of taxation? Use quotes to show where you agree with their views and where you might object to their views.
Thread 2: In a separate thread, I would like you to comment on the libertarian views on personal freedom. Reflect on the sections "Selling Kidneys," "Assisted Suicide," and "Consensual Cannibalism." Are the views of libertarians morally acceptable to you? Why or Why not? Libertarianism Excerpt
Each fall, Forbes magazine publishes a list of the four hundred richest Americans. For over a decade, Microsoft founder Bill Gates III has topped the list, as he did in 2008, when Forbes estimated his net worth at $57 billion. Other members of the club include investor Warren Buffett (ranked 2nd, with $50 billion), the owners of Wal-Mart, the founders of Google and Amazon, assorted oilmen, hedge fund managers, media moguls, and real-estate tycoons, television talk show host Oprah Winfrey (in 155th place, with $2.7 billion), and New York Yankees owner George Steinbrenner (tied for last place, with $1.3 billion).
So vast is the wealth at the top of the American economy, even in a weakened state, that being a mere billionaire is barely enough to gain admission to the Forbes 400. In fact, the richest 1 percent of Americans possess over a third of the country's wealth, more than the combined wealth of the bottom 90 percent of American families. The top 10 percent of American households take in 42 percent of all income and hold 71 percent of all wealth.
Economic inequality is steeper in the United States than in other democracies. Some people think that such inequality is unjust, and favor taxing the rich to help the poor. Others disagree. They say there is nothing unfair about economic inequality, provided it arises without force or fraud, through the choices people make in a market economy.
Who is right? If you think justice means maximizing happiness, you might favor wealth redistribution, on the following grounds: Suppose we take $1 million from Bill Gates and disperse it among a hundred needy recipients, giving each of them s10,000. Overall happiness would likely increase. Gates would scarcely miss the money, while each of the recipients would derive great happiness from the $10,000 windfall. Their collective utility would go up more than his would go down. This utilitarian logic could be extended to support quite a radical redistribution of wealth; it would tell us to transfer money from the rich to the poor until the last dollar we take from Gates hurts him as much as it helps the recipient.
This Robin Hood scenario is open to at least two objections one from within utilitarian thinking, the other from outside it. The first objection worries that high tax rates, especially on income, reduce the incentive to work and invest, leading to a decline in productivity. If the economic pie shrinks, leaving less to redistribute, the overall level of utility might go down. So before taxing Bill Gates and Oprah Winfrey too heavily, the utilitarian would have to ask whether doing so would lead them to work less and so to earn less, eventually reducing the amount of money available for redistribution to the needy.
The second objection regards these calculations as beside the point. It argues that taxing the rich to help the poor is unjust because it violates a fundamental right. According to this objection, taking money from Gates and Winfrey without their consent, even for a good cause, is coercive. It violates their liberty to do with their money whatever they please. Those who object to redistribution on these grounds are often called "libertarians."
Libertarians favor unfettered markets and oppose government regulation, not in the name of economic efficiency but in the name of human freedom. Their central claim is that each of us has a fundamental right to liberty- the right to do whatever we want with the things we own, provided we respect other people's rights to do the same.
The Minimal State
If the libertarian theory of rights is correct, then many activities of the modern state are illegitimate, and violations of liberty. Only a minimal state—one that enforces contracts, protects private property from theft, and keeps the peace—is compatible with the libertarian theory of rights. Any state that does more than this is morally unjustified.
The libertarian rejects three types of policies and laws that modern states commonly enact:
1. No Paternalism. Libertarians oppose laws to protect people from harming themselves. Seatbelt laws are a good example; so are motorcycle helmet laws. Even if riding a motorcycle without a helmet is reckless, and even if helmet laws save lives and prevent devastating injuries, libertarians argue that such laws violate the right of the individual to decide what risks to assume. As long as no third parties are harmed, and as long as motorcycle riders are responsible for their own medical bills, the state has no right to dictate what risks they may take with their bodies and lives.
2. No Morals Legislation. Libertarians oppose using the coercive force of law to promote notions of virtue or to express the moral convictions of the majority. Prostitution may be morally objectionable to many people, but that does not justify laws that prevent consenting adults from engaging in it. Majorities in some communities may disapprove of homosexuality, but that does not justify laws that deprive gay men and lesbians of the right to choose their sexual partners for themselves.
3. No Redistribution of Income or Wealth. The libertarian theory of rights rules out any law that requires some people to help others, including taxation for redistribution of wealth. Desirable though it may be for the affluent to support the less fortunate—by subsidizing their health care or housing or education—such help should be left up to the individual to undertake, not mandated by the government. According to the libertarian, redistributive taxes are a form of coercion, even theft. The state has no more right to force affluent taxpayers to support social programs for the poor than a benevolent thief has the right to steal money from a rich person and give it to the homeless.
The libertarian philosophy does not map neatly onto the political spectrum. Conservatives who favor laissez-faire economic policies often part company with libertarians on cultural issues such as school prayer, abortion, and restrictions on pornography. And many proponents of the welfare state hold libertarian views on issues such as gay rights, reproductive rights, freedom of speech, and the separation of church and state.
During the 1980s, libertarian ideas found prominent expression in the pro-market, antigovernment rhetoric of Ronald Reagan and Margaret Thatcher. As an intellectual doctrine, libertarianism emerged earlier, in opposition to the welfare state. In The Constitution of Liberty (1960), the Austrian-born economist philosopher Friedrich A. Hayek (1899-1992) argued that any attempt to bring about greater economic equality was bound to be coercive and destructive of a free society.' In Capitalism and Freedom (1962), the American economist Milton Friedman (1912-2006) argued that many widely accepted state activities are illegitimate infringements on individual freedom. Social Security, or any mandatory, government-run retirement program, is one of his prime examples: "If a man knowingly prefers to live for today, to use his resources for current enjoyment, deliberately choosing a penurious old age, by what right do we prevent him from doing so?" Friedman asks. We might urge such a person to save for his retirement, "but are we entitled to use coercion to prevent him from doing what he chooses to do?"
Friedman objects to minimum wage laws on similar grounds. Government has no right to prevent employers from paying any wage, however low, that workers are prepared to accept. The government also violates individual freedom when it makes laws against employment discrimination. If employers want to discriminate on the basis of race, religion, or any other factor, the state has no right to prevent them from doing so. In Friedman's view, "such legislation clearly involves interference with the freedom of individuals to enter into voluntary contracts with one another."
Occupational licensing requirements also wrongly interfere with freedom of choice. If an untrained barber wants to offer his less-than-expert services to the public, and if some customers are willing to take their chances on a cheap haircut, the state has no business forbidding the transaction. Friedman extends this logic even to physicians. If I want a bargain appendectomy, I should be free to hire anyone I choose, certified or not, to do the job. While it is true that most people want assurance of their doctor's competence, the market can provide such information. Instead of relying on state licensing of doctors, Friedman suggests, patients can use private rating services such as Consumer Reports or the Good Housekeeping seal of approval.
Selling kidneys
Most countries ban the buying and selling of organs for transplantation. In the United States, people may donate one of their kidneys but not sell it on the open market. But some people argue that such laws should be changed. They point out that thousands of people die each year waiting for kidney transplants—and that the supply would be increased if there existed a free market for kidneys. They also argue that people in need of money should be free to sell their kidneys if they wish.
One argument for permitting the buying and selling of kidneys rests on the libertarian notion of self-ownership: If I own my own body, I should be free to sell my body parts as I please. As Nozick writes, "The central core of the notion of a property right in X ... is the right to determine what shall be done with X." But few advocates of organ sales actually embrace the full libertarian logic. Here's why: Most proponents of markets in kidneys emphasize the moral importance of saving lives, and the fact that most people who donate one of their kidneys can manage with the other one. But if you believe that your body and life are your property, neither of these considerations really matters. If you own yourself, your right to use your body as you please is reason enough to let you sell your body parts. The lives you save or the good you do is beside the point.
To see how this is so, imagine two atypical cases:
First, suppose the prospective buyer of your spare kidney is perfectly healthy. He is offering you (or more likely a peasant in the developing world) $8,000 for a kidney, not because he desperately needs an organ transplant but because he is an eccentric art dealer who sells human organs to affluent clients as coffee table conversation pieces. Should people be allowed to buy and sell kidneys for this purpose? If you believe that we own ourselves, you would be hard-pressed to say no. What matters is not the purpose but the right to dispose of our property as we please. Of course, you might abhor the frivolous use of body parts and favor organ sales for life-saving purposes only. But if you held this view, your defense of the market would not rest on libertarian premises. You would concede that we do not have an unlimited property right in our bodies.
Consider a second case. Suppose a subsistence farmer in an Indian village wants more than anything else in the world to send his child to college. To raise the money, he sells his spare kidney to an affluent American in need of a transplant. A few years later, as the farmer's second child approaches college age, another buyer comes to his village and offers a handsome price for his second kidney. Should he be free to sell that one, too, even if going without a kidney would kill him? If the moral case for organ sales rests on the notion of self-ownership, the answer must be yes. It would be odd to think that the farmer owns one of his kidneys but not the other. Some might object that no one should be induced to give up his life for money. But if we own our bodies and lives, then the farmer has every right to sell his second kidney, even if this amounts to selling his life. (The scenario is not wholly hypothetical. In the 1990s, a California prison inmate wanted to donate a second kidney to his daughter. The ethics board of the hospital refused.)
It is possible, of course, to permit only those organ sales that save lives and that do not imperil the life of the seller. But such a policy would not rest on the principle of self-ownership. If we truly own our bodies and lives, it should be up to us to decide whether to sell our body parts, for what purposes, and at what risk to ourselves. Assisted suicide
In 2007, Dr. Jack Kevorkian, age seventy-nine, emerged from a Michigan prison having served eight years for administering lethal drugs to terminally ill patients who wanted to die. As a condition of his parole, he agreed not to assist any more patients in committing suicide. During the 1990s, Dr. Kevorkian (who became known as "Dr. Death") campaigned for laws allowing assisted suicide and practiced what he preached, helping 130 people end their lives. He was charged, tried, and convicted of second-degree murder only after he gave the CBS television program 60 Minutes a video that showed him in action, giving a lethal injection to a man suffering from Lou Gehrig's disease." Assisted suicide is illegal in Michigan, Dr. Kevorkian's home state, and in every other state except Oregon and Washington. Many countries prohibit assisted suicide, and only a few (most famously the Netherlands) expressly permit it.
At first glance, the argument for assisted suicide seems a textbook application of libertarian philosophy. For the libertarian, laws banning assisted suicide are unjust, for the following reason: If my life belongs to me, I should be free to give it up. And if I enter into a voluntary agreement with someone to help me die, the state has no right to interfere.
But the case for permitting assisted suicide does not necessarily depend on the idea that we own ourselves, or that our lives belong to us. Many who favor assisted suicide do not invoke property rights, but argue in the name of dignity and compassion. They say that terminally ill patients who are suffering greatly should be able to hasten their deaths, rather than linger in excruciating pain. Even those who believe we have a general duty to preserve human life may conclude that, at a certain point, the claims of compassion outweigh our duty to carry on. With terminally ill patients, the libertarian rationale for assisted suicide is hard to disentangle from the compassion rationale. To assess the moral force of the self-ownership idea, consider a case of assisted suicide that does not involve a terminally ill patient. It is, admittedly, a weird case, But its weirdness allows us to assess the libertarian logic on its own, unclouded by considerations of dignity and compassion.
Consensual cannibalism
In 2001, a strange encounter took place in the German village of Rotenburg. Bernd-Jurgen Brandes, a forty-three-year-old software engineer, responded to an Internet ad seeking someone willing to be killed and eaten. The ad had been posted by Armin Meiwes, forty-two, a computer technician. Meiwes was offering no monetary compensation, only the experience itself. Some two hundred people replied to the ad. Four traveled to Meiwes's farmhouse for an interview, but decided they were not interested. But when Brandes met with Meiwes and considered his proposal over coffee, he gave his consent. Meiwes proceeded to kill his guest, carve up the corpse, and store it in plastic bags in his freezer. By the time he was arrested, the "Cannibal of Rotenburg" had consumed over forty pounds of his willing victim, cooking some of him in olive oil and garlic.
When Meiwes was brought to trial, the lurid case fascinated the public and confounded the court. Germany has no law against cannibalism. The perpetrator could not be convicted of murder, the defense maintained, because the victim was a willing participant in his own death. Meiwes's lawyer argued that his client could be guilty only of "Killing on request," a form of assisted suicide that carries a maximum five-year sentence. The court attempted to resolve the conundrum by convicting Meiwes of manslaughter and sentencing him to eight and a half years in prison. 'S But two years later, an appeals court overturned the conviction as too lenient, and sentenced Meiwes to life in prison. In a bizarre denouement to the sordid tale, the cannibal killer has reportedly become a vegetarian in prison, on the grounds that factory farming is inhumane.
Cannibalism between consenting adults poses the ultimate test for the libertarian principle of self-ownership and the idea of justice that follows from it. It is an extreme form of assisted suicide. Since it has nothing to do with relieving the pain of a terminally ill patient, it can be justified only on the grounds that we own our bodies and lives, and may do with them what we please. If the libertarian claim is right, banning consensual cannibalism is unjust, a violation of the right to liberty, The state may no more punish Armin Meiwes than it may tax Bill Gates and Michael Jordan to help the poor.