On The Pope... And Black Money: Take #2

Pope Benedict XVI's address before the German parliament has attracted wide attention because at the outset he quoted St. Augustine's dictum:

"Without justice – what else is the State 

but a great band of robbers?"

In our own country, all the fuss is about "black money" - or money that has evaded the tax-collector. The matter has now been referred to a specially constituted board of bureaucrats - but the news report says they are "dragging their feet." So, the issue is now before the Chief Justice of India (CJI), says another report.


But, tell you me, is not all the inflation, stock-market crash, the crises over the Euro and the US dollar all about "funny money"? Will inflation be over, will these crises be resolved for our country, if all this "black money" is unearthed and "brought back" to the Exchequer? Certainly not!

We all need Sound Money - Gold.

And St. Augustine wrote, in his City of God:

"Without justice – what else is the State 

but a great band of robbers?"

So, now that black money is before the CJI, think about Ashok Jain, KL Chugh and Rajan Pillai - how they were humiliated over black money and how two of them died. The "positive law" was FERA - the Foreign Exchange Regulation Act.


Now, as any Misesian knows, foreign exchange regulation is meant to "expropriate wealth." There is nothing "just" about such a positive law. In my book, if the central banker cannot convert his note into money desired by the bearer, it is the central banker who ought to be in prison: a debtors' prison. Savvy?


After all, the "promise to pay" on the note, signed by the central banker, is a SOLEMN CONTRACT - a contract the central banker is refusing to abide by.


And St. Augustine wrote, in his City of God:

"Without justice – what else is the State 

but a great band of robbers?"

Of course, FERA was INJUSTICE writ large, so we could rephrase the above as follows:

Without Sound Money -  what else is the State 

but a great band of robbers?

It is at this point that Murray Rothbard must be quoted, for in his Ethics of Liberty he wrote what would happen to the State if this were to be the case:

For if the bulk of the public were really convinced of the illegitimacy of the State, if it were convinced that the State is nothing more nor less than a bandit gang writ large, then the State would soon collapse to take on no more status or breadth of existence than another Mafia gang. Hence the necessity of the State’s employment of ideologists; and hence the necessity of the State’s age-old alliance with the Court Intellectuals who weave the apologia for State rule.

This "black money" nonsense is the work of State-employed ideologists, judges and bureaucrats. We, the people, must focus on the "funny money" that is the root cause of our problems.


The person with black money has only evaded taxation - which is "moral" in a nation where the State "consumes capital" and there are no good roads or highways, and 200,000 people are killed in traffic accidents every year, and many more seriously injured.


On the other hand, the funny money man is an issuer of dud currency - a "counterfeiter," as I have explained in this brief column. Throughout history, counterfeiting always attracted the death penalty.


However, the Pope did a lot more in his address: he actually challenged "legal positivism" and even quoted Hans Kelsen, who was Hayek's professor of law, and a very important German legal positivist. 


Hayek of the Law, Legislation & Liberty volumes was not Hans Kelsen's student; rather, he had been strongly influenced by Bruno Leoni, whose Freedom and the Law is a must read.


After smashing legal positivism (while maintaining that positivism is essential for the natural sciences) the Pope said:

Where positivist reason dominates the field to the exclusion of all else – and that is broadly the case in our public mindset – then the classical sources of knowledge for ethics and law are excluded. This is a dramatic situation which affects everyone, and on which a public debate is necessary. Indeed, an essential goal of this address is to issue an urgent invitation to launch one.

I echo that sentiment. Down with legal positivism. Down with positivism in the sciences of human action - like Economics.