Abstract

There is a fault line running through classical liberalism as to whether or not democratic self-governance is a necessary part of a liberal social order. The democratic and non-democratic strains of classical liberalism are both present today — particularly in America. Many contemporary libertarians and neo-Austrian economists represent the non-democratic strain in their promotion of non-democratic sovereign city-states (startup cities or charter cities). We will take the late James M. Buchanan as a representative of the democratic strain of classical liberalism. Since the fundamental norm of classical liberalism is consent, we must start with the intellectual history of the voluntary slavery contract, the coverture marriage contract, and the voluntary non-democratic constitution (or pactum subjectionis). Next we recover the theory of inalienable rights that descends from the Reformation doctrine of the inalienability of conscience through the Enlightenment (e.g., Spinoza and Hutcheson) in the abolitionist and democratic movements. Consent-based governments divide into those based on the subjects' alienation of power to a sovereign and those based on the citizens' delegation of power to representatives. Inalienable rights theory rules out that alienation in favor of delegation, so the citizens remain the ultimate principals and the form of government is democratic. Thus the argument concludes in agreement with Buchanan that the classical liberal endorsement of sovereign individuals acting in the marketplace generalizes to the joint action of individuals as the principals in their own organizations.

Highlights

  • There is a fault line running through classical liberalism as to whether or not democratic selfgovernance is a necessary part of a liberal social order

  • Ellerman in which the people have voluntarily agreed to alienate and transfer the rights of self-government to some sovereign. Our topic is this question of whether or not classical liberalism rules out such a consent-based form of non-democratic government

  • Classical liberalism seems to be of two minds on this question

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Summary

Introduction

There is a fault line running through classical liberalism as to whether or not democratic selfgovernance is a necessary part of a liberal social order. Other modern intellectual historians, such as Jonathan Israel (e.g. 2010), writing more in the conventional liberal tradition have covered the same history of democratic thought and yet ignore the alienation-versusdelegation theme9 in favor of emphasis on the consent of the governed, as if that were sufficient to entail democratic government.10 it is the idea of contractual slavery that escapes the conventional liberal consciousness and the idea of a voluntary social contract of subjection*in spite of Gierke pointing out that at least by the late Middle Ages, it was ‘propounded as a philosophic axiom’ that ‘the legal title to all Rulership lies in the voluntary and contractual submission of the Ruled’.

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Conclusion

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