Sketches on Libertarian Theory of War. Part 1, Statement of the Problem.

Not long ago, I was listening to one of Vladimir Zolotorev’s Saturday sermons on the Libertarian.site channel (I’m too lazy to search for the specific sermon—the channel’s navigation is very mediocre), and he noted that the theory of war is poorly developed within libertarianism. This observation seemed fair to me, which means it is worth thinking in this direction.

War is a type of conflict in which the necessity of the opponent’s survival is not a deterrent factor for at least one party. If one of the parties to the conflict is destroyed, it means that the conflict, for all intents and purposes, has been resolved. Granted, this may give rise to new conflicts—with those who consider such a manner of resolving conflicts by the winner as a reason to assert claims against them.

To minimize such claims, humanity has developed certain customs of war. For instance, if a reliable casus belli is presented before entering a war, and collateral damage is minimized during the war by attempting to destroy only legitimate military targets, then according to these customs, such a manner of conducting war should not entail any sanctions, and may even help in acquiring allies.

However, this is all empiricism operating with collective subjects such as states, armies, peoples, and so on. Libertarianism, on the other hand, is about methodological subjectivism and individual responsibility. The fact that some collective imaginary entities are in a state of war does not create any moral obligations for a specific person to enter the war on either side. At the same time, libertarian morality suggests entering conflicts on the just side, which means that libertarians may not be foreign to wars, even those where they are not the party subjected to a direct attack.

Vladimir Zolotorev proposes using the standard legal approach of peacetime to describe war within libertarianism: a lawsuit is filed against the party that caused the damage; in the case of collective actions, the lawsuit extends to the entire collective proportionally to their contribution; courts make decisions, the assets of the party that caused the damage are seized and sold on the market, and the proceeds are transferred to the plaintiff—and so on. Unfortunately, this model, which would have worked perfectly for a tribal society from the Icelandic sagas or, adjusted for capitalist realities, in some conditional Wild West, begins to stall heavily in a society where the system of kinship ties and personal obligations has been replaced by a system of formal hierarchy and various group identities, such as religion or nation.

Obviously, in this situation, an obvious solution suggests itself to a libertarian—to simplify the task. In other words, let’s abolish states and all other imaginary collective entities, and then the analysis of conflicts will elegantly be reduced to a simple and clear basis of property disputes. Abolishing these mental parasites in reality is, undoubtedly, a boon for all humanity; however, if we close our eyes to their existence right now and analyze reality as if these entities did not exist, they will not instantly disappear because of it.

This was simply a pointer to some difficulties in considering such a phenomenon as war; naturally, it is far from exhaustive.

A viable theory of war in libertarianism must answer several diverse questions:

  1. How to determine when it is worth starting a war?
  2. How to determine the just side in a war?
  3. How to determine the appropriate degree of one’s own participation in a war?
  4. How to determine that a war is being waged against you?
  5. How to determine who is waging war against you?
  6. How to determine what collateral damage is permissible?
  7. How to determine appropriate compensation for direct and collateral damage?
  8. How to determine when it is time to end the war?
  9. How to determine on what terms the war should be ended?

I do not yet have the sought-after theory; I want to think about the necessary formulations in my spare time. Your comments may prove to be very useful. I hope to be able to share the results of these reflections soon.