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Essay on the effects of individualism on the family structure.
Answers
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A Limited Individualism
Murray Rothbard’s work is a good starting point because he’s considered one of the great libertarian thinkers and he explicitly deals with the family in his work. Rothbard defines crime as “…an act of aggression against a man’s property right, either in his own person or his materially owned objects.” Such a definition is pretty standard in the libertarian literature. Rothbard chooses a minimal definition of crime to underscore the minimalist duties of the state in preventing private coercion.
The problem with Rothbard’s definition becomes evident when we think of individuals not as individuals only, but also as members of important groups—groups with enduring human bonds. By Rothbard’s definition, kidnapping a child is not a crime against the parent; it is a coercive act against the child. Any parent, however, would argue that kidnapping consistitutes a violent act against the parents of a child as well. Because children are neither the person of the parents nor their “materially owned” objects, the harm to the parents falls outside the Rothbardian definition of coercion. Yet children, in our intuitive understandings, are both extensions of the persons of the parents and are at least analogous to property, in the sense that is meant when we say a child “belongs” to a parent or that a child is “mine”. It is precisely the extension of persons into other persons and the blurring of property rights into persons that makes libertarians unsure of the status of the family and how to fit it into the traditional polarity between individual and state.
Rothbard’s essay Kid Lib aims to clarify some of the libertarian position toward parents and children, but it leaves the fundamental relationship unclear. Because parents have no ownership over their children, only guardianship rights, there’s still no reason one person couldn’t take a parent’s child and raise it better than that parent without technically violating the parent’s rights at all. Rothbard emphasizes the rights of the child and the obligations of parents, but never actually answers the crucial question of why and if parents truly have a “right” to their children in the first place. Rothbard determines that the law cannot “force the parents to raise their children properly,” but if parents don’t have an ownership right over their children and their children have not yet consented to parental guardianship, why can’t the state step in? On Rothbard’s grounds, there’s no principle that gives the parental relationship priority over the state’s relationship to those same children.
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