Social libertarianism

The term “social libertarian” is an ambiguous term.  Some have used it to mean a political philosophy that is socialist on most issues except certain matters which are considered private (e.g., a candidate for Minnesota Governor, Scott Raskiewicz).  That is a primarily socialist position.

Here the term “social libertarian” indicates someone who is primarily libertarian but who acknowledges the importance of social institutions and the role that government can play to strengthen them without controlling them.  It might be called social framework political philosophy.

Libertarianism is considered the opposite of political authoritarianism.  Its basic principle is “the obligation not to aggress against anyone.”  This is the Harm Principle of J. S. Mill.  It is a purely negative principle that says little about what libertarianism would do in practice other than repeal laws.

The social framework position says that the purpose of government is to establish and maintain a framework for society.  This framework consists of legal structures, judicial rules, and policies designed to promote the welfare of the society as individuals and as a whole.  The state should not usurp the functions of society; it should support them.

There are only a few roles that are proper for the state: justice, defense, and diplomacy.  Beyond that the state should develop frameworks that society can use.  For example, instead of the state directly building and operating schools, the state should provide a framework in the tax structure so schools can afford to exist and parents can afford to send their children to school.  Instead of the state directly building and operating health care facilities, the state should provide a legal framework so hospitals can afford to exist, health insurance companies can stay in business, and people can afford to pay for health care.

Here is another example of this framework approach, this time concerning a very contentious issue: the state and marriage.  In the U.S. and other Western nations a religious dispute is taking place about marriage.  The focus is the issues of same-sex marriage but it also has to do with divorce.  It is a mistake for the state to step in and “solve” this religious dispute.  It will only exacerbate a religious conflict and undermine political cohesion.

The solution is for the state to step back from deciding who is married and who is not and let religious and social organizations take care of that.  Apart from minimal requirements of age and not being married to another person, the state should merely be the official recorder of marital status.  The marital status is condition of being single, married, or divorced and, if married, the person to whom one is married to.  It also includes the disposition of children and property if there is a divorce.

The transactions of marrying and divorcing should rest with religious and social organizations recognized by the state who have basic characteristics such as these: (1) they have written criteria and procedures they follow for making changes in the marital status of anyone; (2) they notify the state within 10 days if they make a change to the marital status of anyone; (3) they obtain if possible the consent of all parties involved to make a change in their marital status.  All changes in marital status include the disposition of children and property if there is a divorce.

Every time the state is informed by a recognized organization that they have made a change in the marital status the state records the change and the organization that informed them of the change of marital status.  This gives that organization jurisdiction over the marriage should there be any issue that arises.  If a married couple wants a different organization to have jurisdiction over their marriage, they may do so at any time if there is mutual consent.

The state does not recognize a marriage which involves anyone already married unless the state has been informed that there has been a divorce.  If the state is informed of a divorce by a different organization than the one that informed it of the marriage, the state informs the first organization of the change in status and the change in jurisdiction, too.

If both spouses want a divorce, the organization with jurisdiction is available to determine the matter.  The organization must follow its own written procedures but apart from that is under no legal obligation to grant a divorce.  If only one spouse wants a divorce, the organization with jurisdiction is available to adjudicate the matter.  If and only if the written procedures of the organization at the time the couple were married allow for contested divorce, may the organization perform a divorce and then only by following said procedures.  There is no appeal of the organization’s decisions unless there is flagrant disregard of their own written procedures.

The purpose of all this is (1) to get the state out of the business of deciding who is and who isn’t married, and (2) to strengthen the role of non-governmental organizations in society.

2010