Lysander Spooner (1808–1887)

"No Treason: The Constitution of No Authority" is one of the few unassailable classics of anarchism. It very effectively makes a legalistic case against the state, and is one of the most interesting statements of political philosophy, not to mention a touchstone (and challenge to) modern libertarianism.

On the other hand, the letter to Thomas Bayard (published alongside in this edition to the "No Treason" pamphlet) puts Spooner's argument in a slightly less persuasive light, to say the least.

A curious and remarkable book by a Massachusetts attorney, and proto-libertarian, Lysander Spooner, arguing in 1845 that slavery was unconstitutional. He takes the question from numerous angles, from English common law and statutes in the colonial period, colonial charters, state constitutions after independence, the Declaration of Independence, Article of Confederation, the U.S. Constitution and later state laws.

Basically, Spooner takes an originalist approach, arguing that the specific show more text of the above constitutions and laws, construed according to the legal canons of interpretation and natural law, cannot be read as allowing slavery. It was a bold approach which won over quite a few adherents in his day, including Frederick Douglass. show less

Not an interesting or compelling argument even if I agree with the result

Spooner is a libertarian anarchist, but unfortunately he makes a really dull argument throughout this book, essentially that the constitution is invalid unless 100% of people physically sign their names to it in every generation. This is the kind of formal and legalistic argument that gets Sovereign Citizens and others laughed out of court or tased on the street. While there is some reasonable philosophical argument show more about the legitimacy of states, territorial monopolies, etc,, the way he makes this argument is less than useless — it generally lowers the stature of libertarianism overall.

He wrote the book/pamphlets in the immediate aftermath of the civil war, so the arguments about treason with respect to the South do make sense, but there are far better ways to make this case.

Probably still worth skimming as a historical document but overrated. show less

This edition of "Let's Abolish Government" is a reprint of an edition published in 1972 by Arno Press. It contains a selection of three works most directly expressive of Lysander Spooner's version of individualist anarchism. In "An Essay on the Trial by Jury," Spooner argues on theoretical and historical grounds for jury nullification, the position that juries may rightfully judge not only the facts in legal cases but also the justice of the laws being employed in such cases. Spooner show more conceives of juries as a means by which the people may resist unjust government laws on the basis of their knowledge of principles of natural law (i.e. the inalienable rights of life, liberty and property). "A Letter to Grover Cleveland" is a vigorous condemnation of the United States government, and by extension all governments, as intrinsically the enemy of the people and their natural rights. And in "No Treason," Spooner argues that the United States Constitution, insofar as it is a contract among freely consenting individuals, is legally and morally binding only on those persons who actually agreed to the contract 220 years ago, and is neither legally nor morally binding upon anyone else, including everyone alive today. Spooner's arguments are both rigorously argued and energetically expressed, a pleasing combination not often found in the anarchist literature. I recommend "Let's Abolish Government" for those interested in arguments for anarchism (and in particular the anarchocapitalist version of that doctrine), as well as those interested in legal history and constitutional law. show less