Comments Elsewhere

Kuznicki: I agree with almost all of what Horwitz writes here, though I will say there’s a mighty fine line between using secession as an interesting riff in libertarian theory, and using secession as a dog whistle to draw out the neo-Confederates. On one foot: While the right to secession for a just cause is inalienable, there’s an… interesting… tendency to forget all about causes, and justice, when talking about secession in the American context.

There surely is, and where it happens, including or especially among professed radical libertarians, it should be called out in the name of historical truth. But I’m not sure whether I understand the connection between your last sentence and the previous one. Are you claiming that the right of secession is qualified or limited if the motives behind secession include the pursuit or perpetuation of “an unjust cause”? If so, why?

If A is governing B, and B is violating C’s rights, and B ends up seceding from A in order to perpetuate the violation of C’s rights, then there may be a libertarian case for A having a right to intervene, as a third party, to aid C against B. Not because B lacked the right to secede, but because A has a right to intervene even against independent rights-violators in order to rescue their victims. But if so, then the right to intervene that A enjoys is surely conditional on a number of factors (such as the availability of other means for rescuing C, whether the proposed intervention will or will not create a state of affairs that materially improves on the former situation for C, whether the proposed intervention will or will not involve sins of commission against innocent bystanders, etc.). And I can see no basis for saying that the injustice of the cause that motivates B’s secession provides any kind of basis for A to blast his way in, occupy the territory, and forcibly restore an open-ended, ongoing regime. If C’s human rights and A’s right to rescue jointly establish a right for A to intervene against B, then that right only goes as far as the actual task of rescuing C, and no further.