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What a State Is For

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The previous article asked whether a state has the right to command, and treated the state itself as a familiar object needing no description. That will not survive scrutiny either.

Almost everyone alive is subject to one, most people are subject to exactly one, and hardly anyone chose which. Given that, the question of what the thing is and what it is supposed to be accomplishing is worth more than the casual answer it usually gets.

Defining it by what it does

Definition

State

A political association that claims supreme authority over a defined territory and the people in it, exercised through permanent institutions that persist independently of whoever currently occupies them.

Max Weber gave the definition that has dominated the discussion since, in a lecture delivered in Munich in January 1919 and published as "Politics as a Vocation". A state, on his account, is a human community that successfully claims the monopoly of the legitimate use of physical force within a given territory.

Three features of that definition repay attention. It is a definition by means rather than by ends, since it says nothing about what the state does with the force and covers tyrannies and republics alike. It says the state claims the monopoly, which is what allows a state whose claim is widely disputed to remain a state. And it is territorial, so that membership is determined in the first instance by where you are, not by what you have agreed to or who your parents were.

Definition

Monopoly on force

The state's claimed exclusive right to authorise the use of physical force within its territory, such that any private use of force is permitted only on terms the state sets.

The claim is regularly misdescribed as a claim that only state officials may ever use force, which no state has ever made. Self-defence is permitted, parents restrain children, private security exists, and in some places private citizens are heavily armed. What the state claims is authority over the terms: force used within its territory is either force it licenses or force it treats as a wrong. The monopoly is over permission rather than over the activity.

Definition

Sovereignty

Supreme authority within a territory: authority not derived from and not answerable to any higher authority of the same kind.

Jean Bodin gave the concept its first systematic treatment in 1576, and it has two faces that need separating. Internally, sovereignty is supremacy over everything else inside the borders, so that no church, corporation, region, or family stands outside the state's jurisdiction. Externally, it is independence from other states, and the Peace of Westphalia of 1648 is conventionally treated as the moment this became the organising principle of European politics.

Both faces have eroded, and noticing that is not merely a point about current affairs. States that are party to international human rights instruments have accepted external judgements about how they treat their own citizens. Members of the European Union have accepted that its law prevails over their own in defined areas. Whether these arrangements limit sovereignty or are exercises of it, and whether a concept built for the seventeenth century still describes what states are, is a live dispute rather than a settled matter.

Check your understanding

A state permits self-defence and licenses private security firms. Does this show that it lacks a monopoly on force?

The three standard jobs

The standard case for the state

  1. Without a common authority, disputes are settled by whoever can prevail, and no one can rely on tomorrow's conditions being like today's.
  2. Certain goods that everyone wants cannot be secured by individuals acting separately, however reasonable each of them is.
  3. An institution with authority over a territory and a monopoly on force can secure both.
  4. ∴So there is reason to establish and maintain such an institution.

The first job is order. Hobbes gave the argument its most uncompromising form in Leviathan of 1651. Absent a common power, people are roughly equal in their capacity to harm each other, they compete for the same scarce things, and each has reason to strike first against those who might strike first against them. The result is not constant fighting but a permanent readiness for it, in which nothing that requires time and confidence can be undertaken, and life is correspondingly impoverished. His conclusion was that almost any settled authority is preferable to that condition, which is why his argument delivers a very strong sovereign and has struck many readers as delivering rather too much.

The second job is defence. A territory without an organised capacity to resist invasion tends to acquire one or to be absorbed by a neighbour that has, and the historical record on this point is not ambiguous.

The third job is more interesting philosophically, because it explains why the state does not stop at courts and armies.

Definition

Public goods

Goods whose benefits cannot practicably be withheld from those who did not pay for them, and whose enjoyment by one person does not reduce what is available to anyone else.

Paul Samuelson set out the modern analysis in 1954 in a paper of about two and a half pages. Clean air, a lighthouse, herd immunity, a legal system, and the deterrent effect of a navy all have this shape. Since nobody can be excluded from the benefit, no one has a self-interested reason to contribute, and everyone has reason to let others pay. If everyone reasons that way the good is not produced, and everyone is worse off than if they had all contributed.

The point is not that people are selfish. The argument goes through for people who genuinely want the good, because each individual contribution makes almost no difference to whether it exists while costing the contributor the whole of what they put in. That is what makes it a structural problem rather than a moral failing, and it is the most powerful argument in the state's favour, since it identifies something that people acting voluntarily and reasonably will fail to achieve.

Check your understanding

Why does the public goods problem arise even among people who genuinely want the good?

The reply

Definition

Anarchism

The position that the state is unjustified and should be abolished or dispensed with, and that the goods it supposedly provides can be secured by voluntary and non-coercive association instead.

Anarchism is not the view that rules are bad, and treating it as a synonym for disorder means declining to engage with it. Almost every anarchist tradition proposes rules, coordination, and sanctions. What it rejects is that these need to come from a body claiming supreme authority backed by a monopoly on force.

Two strands run in different directions and it is a mistake to run them together.

The individualist strand holds that everything the state does could be done by voluntary contract. Protection would be bought from competing agencies as insurance is bought now, courts would be arbitration services chosen by the parties, roads and other infrastructure would be privately financed. The coercion of taxation and conscription would go, and what remained would be the ordinary machinery of agreement.

The communal strand, which is the older and larger tradition, holds nothing of the kind. It regards the market as itself a system of domination, and proposes federations of self-governing communities coordinating through mutual aid and delegated recall-able representatives rather than through contract and price. Kropotkin's writings around the turn of the twentieth century are the reference point, and the tradition includes Proudhon in 1840, Bakunin, and Goldman.

Both strands face the public goods argument, and the honest thing to say is that it is a serious difficulty for both and not obviously a fatal one for either. The individualist has to explain why competing protective agencies would not simply consolidate. The communalist has to explain how a federation of communities differs from a state once it can enforce its decisions on members who dissent.

Objection

The question is confused from the start. States were not designed. They emerged from the consolidation of warlords, the accidents of dynastic marriage, the requirements of raising armies, and the drawing of borders by people who had never visited the places they were dividing. Asking what a state is for is like asking what a mountain range is for.

Worse, the standard argument is unfalsifiable in practice. The state provides these goods because it has spent centuries suppressing every institution that might otherwise have provided them, and then points to the absence of alternatives as proof of its necessity. Guilds, churches, customary courts, mutual societies, and communal landholding all did work that states now do. That the state won is a fact about power, not a demonstration that it was the only thing that could have worked.

Reply

The historical claim is largely correct and the philosophical conclusion does not follow.

That an institution arose by accident is irrelevant to whether it is justified. Its origins and its justification are different questions, and confusing them is a version of the mistake examined in the previous article. Language was not designed either. The question here is not why states exist but whether people subject to one now have reason to maintain it, and that question is asked in the present tense.

The crowding-out point is stronger and it should be conceded in part. Many functions now performed by states were performed otherwise, sometimes well, and the disappearance of those arrangements often had more to do with the state's interest in eliminating rivals than with their failing. Anyone who thinks the current allocation of functions is the uniquely rational one has not looked at how it came about.

What the point does not do is dispose of the public goods argument, which is not a historical claim at all. The argument says that certain goods have a structure that defeats voluntary provision at scale, and it is answered by showing either that the structure is not what it is claimed to be or that some non-state arrangement can handle it. Ostrom's work is exactly that kind of answer for a certain class of case, which is why it matters. What no one has produced is an answer of that kind for goods that require coordinating tens of millions of strangers who will never meet, and until someone does, the anarchist position is an open research programme rather than a completed argument.

Check your understanding

Suppose states arose by conquest and accident rather than by design. What does the reply say follows for whether they are justified?

Next

Two articles have now asked what entitles the state to act and what it is for. Neither has asked what it should be aiming at once it is granted the right to act at all. The next article introduces the three demands that answer gets made in terms of, and the ways they pull against each other.

Further reading

  • Thomas Hobbes, Leviathan (1651), Part I, for the argument from the condition of humanity without a common power.
  • Max Weber, "Politics as a Vocation" (1919), for the definition of the state by its monopoly on legitimate force.
  • Paul A. Samuelson, "The Pure Theory of Public Expenditure", The Review of Economics and Statistics, volume 36, number 4 (1954), pages 387 to 389.
  • Robert Nozick, Anarchy, State, and Utopia (1974), Part I, for the argument that a minimal state could arise from voluntary transactions alone.
  • Elinor Ostrom, Governing the Commons: The Evolution of Institutions for Collective Action, Cambridge University Press (1990).
  • Stanford Encyclopedia of Philosophy, "Anarchism".
  • Stanford Encyclopedia of Philosophy, "Sovereignty".

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