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(1) Objective laws are laws that confine government to its one legitimate function: protecting individual rights.

(2) A society is free when it secures man’s moral rights to life, liberty, property and the pursuit of happiness.

(3) The only proper functions of a government are: the police, to protect you from criminals; the army, to protect you from foreign invaders; and the courts, to protect your property and contracts from breach or fraud by others, to settle disputes by rational rules, according to objective law.

Objective Laws

Objective laws are laws that confine government to its one legitimate function: protecting individual rights.

Laws must be objective in both form and substance. In form, the law must allow each individual to know, before taking any action, what conduct is illegal, why it is forbidden, and what will be the penalty for violation. In substance, the law must forbid only such private conduct as violates the individual rights of others. Laws against murder, for example, satisfy both requirements.

Objective law is the indispensable basis for a “government of laws and not of men.” When law is clear and precise, it leaves no room for bureaucrats or policemen to exercise arbitrary power through unpredictable, subjective decisions. For instance, note the crucial contrast between the law of homicide and the law of antitrust, which forbids “unreasonable restraints of trade,” a foggy term that can be applied to any business transaction—or not, as the prosecutor pleases.

Because government exercises a monopoly on the legal use of force, government’s every action must be objectively controlled and explicitly authorized. Such rigid constraints leave private citizens alone to pursue their lives, free of the perpetual fear experienced under a regime of non-objective law.

Q&A with Ayn Rand

What is the purpose of law?

[A]ll laws must be based on individual rights and aimed at their protection.

Under objective law, what is the fundamental difference in the scope of private action versus government action?

A private individual may do anything except that which is legally forbidden; a government official may do nothing except that which is legally permitted.

Must every law be formulated objectively?

That which cannot be formulated into an objective law, cannot be made the subject of legislation—not in a free country, not if we are to have “a government of laws and not of men.” An undefinable law is not a law, but merely a license for some men to rule others.

“Vast Quicksands,” The Objectivist Newsletter

What is the danger of non-objective law?

An objective law protects a country’s freedom; only a non-objective law can give a statist the chance he seeks: a chance to impose his arbitrary will—his policies, his decisions, his interpretations, his enforcement, his punishment or favor—on disarmed, defenseless victims. He does not have to exercise his power too frequently nor too openly; he merely has to have it and let his victims know that he has it; fear will do the rest.

“Antitrust: The Rule of Unreason,” The Voice of Reason

[W]hen men are caught in the trap of non-objective law, when their work, future and livelihood are at the mercy of a bureaucrat’s whim, when they have no way of knowing what unknown “influence” will crack down on them for which unspecified offense, fear becomes their basic motive, if they remain in the industry at all—and compromise, conformity, staleness, dullness, the dismal grayness of the middle-of-the-road are all that can be expected of them. Independent thinking does not submit to bureaucratic edicts, originality does not follow “public policies,” integrity does not petition for a license, heroism is not fostered by fear, creative genius is not summoned forth at the point of a gun. Non-objective law is the most effective weapon of human enslavement: its victims become its enforcers and enslave themselves.

“Vast Quicksands,” The Objectivist Newsletter

Don’t strict, precise laws carry with them the threat of oppression and dictatorship?

It is a grave error to suppose that a dictatorship rules a nation by means of strict, rigid laws which are obeyed and enforced with rigorous, military precision. Such a rule would be evil, but almost bearable; men could endure the harshest edicts, provided these edicts were known, specific and stable; it is not the known that breaks men’s spirits, but the unpredictable. A dictatorship has to be capricious; it has to rule by means of the unexpected, the incomprehensible, the wantonly irrational; it has to deal not in death, but in sudden death; a state of chronic uncertainty is what men are psychologically unable to bear.

“Antitrust: The Rule of Unreason,” The Voice of Reason

Individual Rights

Freedom is not a product of historical destiny, divine intervention or happy accident—it is an intellectual achievement that depends on the vital concept of individual rights.

Rights are moral principles that define man’s freedom of action within society. Ayn Rand showed that individual rights are not gifts from a deity or permissions from government—but are necessitated by man’s nature as a rational being. As she wrote in Atlas Shrugged, “If man is to live on earth, it is right for him to use his mind, it is right to act on his own free judgment, it is right to work for his values and to keep the product of his work. If life on earth is his purpose, he has a right to live as a rational being: nature forbids him the irrational.”

The right to life is the only fundamental right. It is the moral entitlement to engage in every type of action objectively necessary to sustain a human life. All other rights—including property rights, without which no other rights can exist—are implications of this bedrock right.

A society is free when it secures man’s moral rights to life, liberty, property and the pursuit of happiness.

Q&A with Ayn Rand

What are rights?

A “right” is a moral principle defining and sanctioning a man’s freedom of action in a social context. There is only one fundamental right (all the others are its consequences or corollaries): a man’s right to his own life. Life is a process of self-sustaining and self-generated action; the right to life means the right to engage in self-sustaining and self-generated action—which means: the freedom to take all the actions required by the nature of a rational being for the support, the furtherance, the fulfillment and the enjoyment of his own life. (Such is the meaning of the right to life, liberty and the pursuit of happiness.)

The concept of a “right” pertains only to action—specifically, to freedom of action. It means freedom from physical compulsion, coercion or interference by other men.

Thus, for every individual, a right is the moral sanction of a positive—of his freedom to act on his own judgment, for his own goals, by his own voluntary, uncoerced choice. As to his neighbors, his rights impose no obligations on them except of a negative kind: to abstain from violating his rights.

The right to life is the source of all rights—and the right to property is their only implementation. Without property rights, no other rights are possible. Since man has to sustain his life by his own effort, the man who has no right to the product of his effort has no means to sustain his life. The man who produces while others dispose of his product, is a slave.

Bear in mind that the right to property is a right to action, like all the others: it is not the right to an object, but to the action and the consequences of producing or earning that object. It is not a guarantee that a man will earn any property, but only a guarantee that he will own it if he earns it. It is the right to gain, to keep, to use and to dispose of material values.

A right is the sanction of independent action. A right is that which can be exercised without anyone’s permission.

If you exist only because society permits you to exist—you have no right to your own life. A permission can be revoked at any time.

If, before undertaking some action, you must obtain the permission of society—you are not free, whether such permission is granted to you or not. Only a slave acts on permission. A permission is not a right.

Do not make the mistake, at this point, of thinking that a worker is a slave and that he holds his job by his employer’s permission. He does not hold it by permission—but by contract, that is, by a voluntary mutual agreement. A worker can quit his job. A slave cannot.

“Textbook of Americanism,” The Ayn Rand Column

“Rights” are a moral concept—the concept that provides a logical transition from the principles guiding an individual’s actions to the principles guiding his relationship with others—the concept that preserves and protects individual morality in a social context—the link between the moral code of a man and the legal code of a society, between ethics and politics. Individual rights are the means of subordinating society to moral law.

What is morality, or ethics? It is a code of values to guide man’s choices and actions—the choices and actions that determine the purpose and the course of his life. Ethics, as a science, deals with discovering and defining such a code.

The most profoundly revolutionary achievement of the United States of America was the subordination of society to moral law.

The principle of man’s individual rights represented the extension of morality into the social system—as a limitation on the power of the state, as man’s protection against the brute force of the collective, as the subordination of might to right. The United States was the first moral society in history.

All previous systems had regarded man as a sacrificial means to the ends of others, and society as an end in itself. The United States regarded man as an end in himself, and society as a means to the peaceful, orderly, voluntary coexistence of individuals. All previous systems had held that man’s life belongs to society, that society can dispose of him in any way it pleases, and that any freedom he enjoys is his only by favor, by the permission of society, which may be revoked at any time. The United States held that man’s life is his by right (which means: by moral principle and by his nature), that a right is the property of an individual, that society as such has no rights, and that the only moral purpose of a government is the protection of individual rights.

What is the source of rights?

[T]he source of man’s rights is not divine law or congressional law, but the law of identity. A is A—and Man is Man. Rights are conditions of existence required by man’s nature for his proper survival. If man is to live on earth, it is right for him to use his mind, it is right to act on his own free judgment, it is right to work for his values and to keep the product of his work. If life on earth is his purpose, he has a right to live as a rational being: nature forbids him the irrational. Any group, any gang, any nation that attempts to negate man’s rights, is wrong, which means: is evil, which means: is anti-life.

“This is John Galt Speaking,” For the New Intellectual

It is not society, nor any social right, that forbids you to kill—but the inalienable individual right of another man to live. This is not a “compromise” between two rights—but a line of division that preserves both rights untouched. The division is not derived from an edict of society—but from your own inalienable individual right. The definition of this limit is not set arbitrarily by society—but is implicit in the definition of your own right.

Within the sphere of your own rights, your freedom is absolute.

“Textbook of Americanism,” Ayn Rand Column

A right is the sanction of independent action. A right is that which can be exercised without anyone’s permission.

If you exist only because society permits you to exist—you have no right to your own life. A permission can be revoked at any time.

“Textbook of Americanism,” Ayn Rand Column

Can the rights of one individual conflict with those of another?

Since Man has inalienable individual rights, this means that the same rights are held, individually, by every man, by all men, at all times. Therefore, the rights of one man cannot and must not violate the rights of another.

For instance: a man has the right to live, but he has no right to take the life of another. He has the right to be free, but no right to enslave another. He has the right to choose his own happiness, but no right to decide that his happiness lies in the misery (or murder or robbery or enslavement) of another. The very right upon which he acts defines the same right of another man, and serves as a guide to tell him what he may or may not do.

“Textbook of Americanism,” Ayn Rand Column

The Right to the Pursuit of Happiness means man’s right to live for himself, to choose what constitutes his own private, personal, individual happiness and to work for its achievement, so long as he respects the same right in others. It means that Man cannot be forced to devote his life to the happiness of another man nor of any number of other men. It means that the collective cannot decide what is to be the purpose of a man’s existence nor prescribe his choice of happiness.

“Textbook of Americanism,” Ayn Rand Column

How are rights violated?

A right cannot be violated except by physical force. One man cannot deprive another of his life, nor enslave him, nor forbid him to pursue his happiness, except by using force against him. Whenever a man is made to act without his own free, personal, individual, voluntary consent—his right has been violated.

Therefore, we can draw a clear-cut division between the rights of one man and those of another. It is an objective division—not subject to differences of opinion, nor to majority decision, nor to the arbitrary decree of society. No man has the right to initiate the use of physical force against another man.

“Textbook of Americanism,” Ayn Rand Column

Man’s rights can be violated only by the use of physical force. It is only by means of physical force that one man can deprive another of his life, or enslave him, or rob him, or prevent him from pursuing his own goals, or compel him to act against his own rational judgment.

The precondition of a civilized society is the barring of physical force from social relationships—thus establishing the principle that if men wish to deal with one another, they may do so only by means of reason: by discussion, persuasion and voluntary, uncoerced agreement.

“The Nature of Government,” The Virtue of Selfishness

Does the principle of individual rights entail the right to a job, a home, or healthcare?

Jobs, food, clothing, recreation (!), homes, medical care, education, etc., do not grow in nature. These are man-made values—goods and services produced by men. Who is to provide them?

If some men are entitled by right to the products of the work of others, it means that those others are deprived of rights and condemned to slave labor.

Any alleged “right” of one man, which necessitates the violation of the rights of another, is not and cannot be a right.

No man can have a right to impose an unchosen obligation, an unrewarded duty or an involuntary servitude on another man. There can be no such thing as “the right to enslave.”

A right does not include the material implementation of that right by other men; it includes only the freedom to earn that implementation by one’s own effort.

Observe, in this context, the intellectual precision of the Founding Fathers: they spoke of the right to the pursuit of happiness—not of the right to happiness. It means that a man has the right to take the actions he deems necessary to achieve his happiness; it does not mean that others must make him happy.

The right to life means that a man has the right to support his life by his own work (on any economic level, as high as his ability will carry him); it does not mean that others must provide him with the necessities of life.

The right to property means that a man has the right to take the economic actions necessary to earn property, to use it and to dispose of it; it does not mean that others must provide him with property.

The right of free speech means that a man has the right to express his ideas without danger of suppression, interference or punitive action by the government. It does not mean that others must provide him with a lecture hall, a radio station or a printing press through which to express his ideas.

Any undertaking that involves more than one man, requires the voluntary consent of every participant. Every one of them has the right to make his own decision, but none has the right to force his decision on the others.

There is no such thing as “a right to a job”—there is only the right of free trade, that is: a man’s right to take a job if another man chooses to hire him. There is no “right to a home,” only the right of free trade: the right to build a home or to buy it. There are no “rights to a ‘fair’ wage or a ‘fair’ price” if no one chooses to pay it, to hire a man or to buy his product. There are no “rights of consumers” to milk, shoes, movies or champagne if no producers choose to manufacture such items (there is only the right to manufacture them oneself). There are no “rights” of special groups, there are no “rights of farmers, of workers, of businessmen, of employees, of employers, of the old, of the young, of the unborn.” There are only the Rights of Man—rights possessed by every individual man and by all men as individuals.

“Man’s Rights,” The Virtue of Selfishness

Limited Government

In order for individuals to benefit from living together, they require a society that respects individual rights. The sole purpose of government is to protect these rights. A government possesses a legal monopoly on the use of force, which it must use only in retaliation against those who initiate force. Government protects individual rights by placing the use of retaliatory force under objective control. To carry out this mission, a government performs three basic functions: the police, to protect individuals from domestic criminals; the military; to protect individuals from foreign threats; and a court system, to enable individuals to settle disputes without resorting to force. The government of a free nation does not regulate its citizens, provide them a social “safety net” or try to influence their (non-coercive) behavior in any way.

Q&A with Ayn Rand

What is government and what is its proper purpose?

A government is an institution that holds the exclusive power to enforce certain rules of social conduct in a given geographical area.

The only proper purpose of a government is to protect man’s rights, which means: to protect him from physical violence. A proper government is only a policeman, acting as an agent of man’s self-defense, and, as such, may resort to force only against those who start the use of force. The only proper functions of a government are: the police, to protect you from criminals; the army, to protect you from foreign invaders; and the courts, to protect your property and contracts from breach or fraud by others, to settle disputes by rational rules, according to objective law. But a government that initiates the employment of force against men who had forced no one, the employment of armed compulsion against disarmed victims, is a nightmare infernal machine designed to annihilate morality: such a government reverses its only moral purpose and switches from the role of protector to the role of man’s deadliest enemy, from the role of policeman to the role of a criminal vested with the right to the wielding of violence against victims deprived of the right of self-defense. Such a government substitutes for morality the following rule of social conduct: you may do whatever you please to your neighbor, provided your gang is bigger than his.

“This is John Galt Speaking,” For the New Intellectual

What is the difference between private action and governmental action?

The fundamental difference between private action and governmental action—a difference thoroughly ignored and evaded today—lies in the fact that a government holds a monopoly on the legal use of physical force. It has to hold such a monopoly, since it is the agent of restraining and combating the use of force; and for that very same reason, its actions have to be rigidly defined, delimited and circumscribed; no touch of whim or caprice should be permitted in its performance; it should be an impersonal robot, with the laws as its only motive power. If a society is to be free, its government has to be controlled.

Under a proper social system, a private individual is legally free to take any action he pleases (so long as he does not violate the rights of others), while a government official is bound by law in his every official act. A private individual may do anything except that which is legally forbidden; a government official may do nothing except that which is legally permitted.

This is the means of subordinating “might” to “right.” This is the American concept of “a government of laws and not of men.”

The difference between political power and any other kind of social “power,” between a government and any private organization, is the fact that a government holds a legal monopoly on the use of physical force. This distinction is so important and so seldom recognized today that I must urge you to keep it in mind. Let me repeat it: a government holds a legal monopoly on the use of physical force.

No individual or private group or private organization has the legal power to initiate the use of physical force against other individuals or groups and to compel them to act against their own voluntary choice. Only a government holds that power. The nature of governmental action is: coercive action. The nature of political power is: the power to force obedience under threat of physical injury—the threat of property expropriation, imprisonment, or death.

“America’s Persecuted Minority: Big Business,” Capitalism: The Unknown Ideal

What is capitalism?

Capitalism is a social system based on the recognition of individual rights, including property rights, in which all property is privately owned.

The recognition of individual rights entails the banishment of physical force from human relationships: basically, rights can be violated only by means of force. In a capitalist society, no man or group may initiate the use of physical force against others. The only function of the government, in such a society, is the task of protecting man’s rights, i.e., the task of protecting him from physical force; the government acts as the agent of man’s right of self-defense, and may use force only in retaliation and only against those who initiate its use; thus the government is the means of placing the retaliatory use of force under objective control.

“What Is Capitalism?” Capitalism: The Unknown Ideal

When I say “capitalism,” I mean a full, pure, uncontrolled, unregulated laissez-faire capitalism—with a separation of state and economics, in the same way and for the same reasons as the separation of state and church.

“The Objectivist Ethics,” The Virtue of Selfishness

Laissez-faire capitalism is the only social system based on the recognition of individual rights and, therefore, the only system that bans force from social relationships.

“The Roots of War,” Capitalism: The Unknown Ideal

In a capitalist society, all human relationships are voluntary. Men are free to cooperate or not, to deal with one another or not, as their own individual judgments, convictions, and interests dictate. They can deal with one another only in terms of and by means of reason, i.e., by means of discussion, persuasion, and contractual agreement, by voluntary choice to mutual benefit. The right to agree with others is not a problem in any society; it is the right to disagree that is crucial. It is the institution of private property that protects and implements the right to disagree—and thus keeps the road open to man’s most valuable attribute (valuable personally, socially, and objectively): the creative mind.

“What Is Capitalism?” Capitalism: The Unknown Ideal

What is the moral justification of capitalism?

The moral justification of capitalism does not lie in the altruist claim that it represents the best way to achieve “the common good.” It is true that capitalism does—if that catch-phrase has any meaning—but this is merely a secondary consequence. The moral justification of capitalism lies in the fact that it is the only system consonant with man’s rational nature, that it protects man’s survival qua man, and that its ruling principle is: justice.

“What Is Capitalism?” Capitalism: The Unknown Ideal

If the good, the virtuous, the morally ideal is suffering and self-sacrifice—then, by that standard, capitalism had to be damned as evil. Capitalism does not tell men to suffer, but to pursue enjoyment and achievement, here, on earth—capitalism does not tell men to serve and sacrifice, but to produce and profit—capitalism does not preach passivity, humility, resignation, but independence, self-confidence, self-reliance—and, above all, capitalism does not permit anyone to expect or demand, to give or to take the unearned. In all human relationships—private or public, spiritual or material, social or political or economic or moral—capitalism requires that men be guided by a principle which is the antithesis of altruism: the principle of justice.

“The Intellectual Bankruptcy of Our Age,” The Voice of Reason

Observe the paradoxes built up about capitalism. It has been called a system of selfishness (which, in my sense of the term, it is)—yet it is the only system that drew men to unite on a large scale into great countries, and peacefully to cooperate across national boundaries, while all the collectivist, internationalist, One-World systems are splitting the world into Balkanized tribes.

Capitalism has been called a system of greed—yet it is the system that raised the standard of living of its poorest citizens to heights no collectivist system has ever begun to equal, and no tribal gang can conceive of.

Capitalism has been called nationalistic—yet it is the only system that banished ethnicity, and made it possible, in the United States, for men of various, formerly antagonistic nationalities to live together in peace.

Capitalism has been called cruel—yet it brought such hope, progress and general good will that the young people of today, who have not seen it, find it hard to believe.

As to pride, dignity, self-confidence, self-esteem—these are characteristics that mark a man for martyrdom in a tribal society and under any social system except capitalism.

“Global Balkanization,” The Voice of Reason

What is a mixed economy and why is it inherently destructive?

A mixed economy is a mixture of freedom and controls—with no principles, rules, or theories to define either. Since the introduction of controls necessitates and leads to further controls, it is an unstable, explosive mixture which, ultimately, has to repeal the controls or collapse into dictatorship. A mixed economy has no principles to define its policies, its goals, its laws—no principles to limit the power of its government. The only principle of a mixed economy—which, necessarily, has to remain unnamed and unacknowledged—is that no one’s interests are safe, everyone’s interests are on a public auction block, and anything goes for anyone who can get away with it. Such a system—or, more precisely, anti-system—breaks up a country into an ever-growing number of enemy camps, into economic groups fighting one another for self preservation in an indeterminate mixture of defense and offense, as the nature of such a jungle demands. While, politically, a mixed economy preserves the semblance of an organized society with a semblance of law and order, economically it is the equivalent of the chaos that had ruled China for centuries: a chaos of robber gangs looting—and draining—the productive elements of the country.

“The New Fascism: Rule by Consensus,” Capitalism: The Unknown Ideal

A “mixed economy” is a society in the process of committing suicide.

If nation cannot survive half-slave, half-free, consider the condition of a nation in which every social group becomes both the slave and the enslaver of every other group. Ask yourself how long such a condition can last and what is its inevitable outcome.

When government controls are introduced into a free economy, they create economic dislocations, hardships, and problems which, if the controls are not repealed, necessitate still further controls, which necessitate still further controls, etc. Thus a chain reaction is set up: the victimized groups seek redress by imposing controls on the profiteering groups, who retaliate in the same manner, on an ever widening scale.

“The Cold Civil War,” The Ayn Rand Column

If parasitism, favoritism, corruption, and greed for the unearned did not exist, a mixed economy would bring them into existence.

Since there is no rational justification for the sacrifice of some men to others, there is no objective criterion by which such a sacrifice can be guided in practice. All “public interest” legislation (and any distribution of money taken by force from some men for the unearned benefit of others) comes down ultimately to the grant of an undefined, undefinable, non-objective, arbitrary power to some government officials.

The worst aspect of it is not that such a power can be used dishonestly, but that it cannot be used honestly.

“The Pull Peddlers,” Capitalism: The Unknown Ideal 

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