Excerpted from the book;
Individual Liberty: Selections From the Writings of Benjamin R. Tucker
Vanguard Press, New York, 1926
Kraus Reprint Co., Millwood, NY, 1973.
A discussion in The Free Life (London) between its editor, Mr. Auberon Herbert, and an Anarchistic correspondent, Mr. Albert Tarn, involved an objection to Anarchism that it would throw property titles (especially land titles) into hopeless confusion, which led Mr. Tucker to enter the controversy in Liberty in the following manner:
This criticism of Anarchism, reduced to its essence, is seen to be twofold. First, the complaint is that it has no fixed standard of acquiring or owning. Second, the complaint is that it necessarily results in a fixed standard of acquiring or owning. Evidently Mr. Herbert is a very hard man to please. Before he criticises Anarchism further, I must insist that he make up his mind whether he himself wants or does not want a fixed standard. And whatever his decision, his criticism falls. For if he wants a fixed standard, that which he may adopt is as liable to become a "rigid crystalline custom" as any that Anarchism may lead to. And if he does not want a fixed standard, then how can he complain of Anarchism for having none?
If it were my main object to emerge from this dispute victorious, I might well leave Mr. Herbert in the queer predicament in which his logic has placed him. But as I am really anxious to win him to the Anarchistic view, I shall try to show him that the fear of scramble and rigidity with which Anarchism inspires him has little or no foundation.
Mr. Herbert, as I understand him, believes in voluntary association, voluntarily supported, for the defence of person and property. Very well; let us suppose that he has won his battle, and that such a state of things exists. Suppose that all municipalities have adopted the voluntary principle, and that compulsory taxation has been abolished. Now, after this, let us suppose further that the Anarchistic view that occupancy and use should condition and limit landholding becomes the prevailing view. Evidently then these municipalities will proceed to formulate and enforce this view. What the formula will be no one can foresee. But continuing with our suppositions, we will say that they decide to protect no one in the possession of more than ten acres. In execution of this decision, they, on October 1, notify all holders of more than ten acres within their limits that, on and after the following January 1, they will cease to protect them in the possession of more than ten acres, and that, as a condition of receiving even that protection, each must make formal declaration on or before December 1 of the specific ten-acre plot within his present holding which he proposes to personally occupy and use after January 31. These declarations having been made, the municipalities publish them and at the same time notify landless persons that out of the lands thus set free each may secure protection in the possession of any amount up to ten acres after January 1 by appearing on December 15, at a certain hour, and making declaration of his choice and intention of occupancy. Now, says Mr. Herbert, the scramble will begin. Well, perhaps it will. But what of it? When a theatre advertises to sell seats for a star performance at a certain hour, there is a scramble to secure tickets. When a prosperous city announces that on a given day it will accept loans from individuals up to a certain aggregate on attractive terms, there is a scramble to secure the bonds. As far as I know, nobody complains of these scrambles as unfair. The scramble begins and the scramble ends, and the matter is settled. Some inequality still remains, but it has been reduced to a minimum, and everybody has had an equal chance with the rest. So it will be with this land scramble. It may be conducted as peacefully as any other scramble, and those who are f Brightened by the word are simply the victims of a huge bugbear.
And the terror of rigidity is equally groundless. This rule of ten-acre possession, or any similar one that may be adopted, is no more rigid crystalline custom than is Mr. Herbert's own rule of protecting title transferred by purchase and sale. Any rule is rigid less by the rigidity of its terms than by the rigidity of its enforcement. Now it is precisely in the tempering of the rigidity of enforcement that one of the chief excellences of Anarchism consists. Mr. Herbert must rememberthat under Anarchism all rules and laws will be little more than suggestions for the guidance of juries, and that all disputes, whether about land or anything else, will be submitted to juries which will judge not only the facts, but the law, the justice of the law, its applicability to the given circumstances, and the penalty or damage to be inflicted because of its infraction. What better safeguard against rigidity could there be than this? "Machinery for altering" the law, indeed! Why, under Anarchism the law will be so flexible that it will shape itself to every emergency and need no alteration. And it will then be regarded as just in proportion to its flexibility, instead of as now in proportion to its rigidity.
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