Basically, the argument itself is self-refuting. Let’s take an example: I take out a $10,000 loan and agree to make payments of $150 a month for 10 years. Now the libertarian would say that this contract is just because I consented to it.
You don’t know a lot about libertarianism, do you? The libertarian only says that the contract is
binding. he does not care about empty adjectives like “just”.
But if consent is what binds me to things, then it itself is unjust – because I never consented to have my consent to something be binding. To say “You ought to do this because you agreed to it” is to introduce a moral element to the system that consent itself does not and cannot provide. Therefore there must be more to morality than the mere act of consent.
Ah, so you
pretend to be bound by your agreement, but you have no intention to carry it out - since you never agreed to be bound by your word. And you
must pretend, because without that implicit agreement, you would never get that loan in the first place. Neat little trick, but I am afraid it would be self-destructive, because you will be found out in no time, and your word would not be sufficient any more. So it is your adherence to your word is what makes you a reliable person, who is worthy of consideration. And that is the point of the matter. Walking out on your agreement will remove you from consideration when the next time rolls around, and since we
must live in a shared environment, it is in your best interest to keep your word. Who cares if it is considered “moral” or not? Keeping your word is the smart thing to do. “Justice” has nothing to do with it.
This reminds me of the old libertarian “self-ownership principle,” i.e., that you own yourself and that this is the basis of all your rights. But this presupposes that there is such a thing as a right to ownership, without which the whole principle falls apart; but you can’t derive a right to own anything from the principle because then it becomes circular: i.e., I have a right to own property because I own myself; and I own myself because there is such a thing as a right to own property.
This would lead quite far, if we went into the details. Suffice it to say that “rights” do not exist without a “right-giver”, a “right-recipient” and an “enforcer” of those rights. (Which shows that the concept of “natural rights” is just another nonsensical concept.) To put it simply, a “right” is something that the one who is more powerful grants to the one who is less powerful, and it means that the less powerful is “allowed” to perform some actions without fear of retribution. Historically speaking those rights were granted by powerful individuals (kings) or by goverments.
Of course, the “right to self-ownership”
should be the basic “right” if there are any “rights”. Without such a right there can be no society, there can be no interaction between individuals. (Funny thing is that the US Constitution never bothered to grant explicitly the right to “ownership” or the right to “privacy” (self-determination), probably because the Founding Fathers (who were a very smart and shrewed lot) never even thought about explicitly declaring that right. It was
obvious to them.) If you do not have the “right” to your own body, what do you have? Nothing. Anyone, who is stronger than you can carve up your body, or take all your possessions away. Of course, the “strong one” is not safe either, because the “weaker ones” can gang-up on him. There is no safety for anyone.
That is why the only smart solution is the libertarian one. Let us form a
limited goverment, which grants the basic rights and enforces them as much as it can. In that type of environment (a Constitutional Republic and not some idiotic “democracy” - the definition of democracy is: “two wolves and one sheep VOTE to decide what will be for dinner tonight!”) everyone can be fairly certain that they can lead their life without undue interference. It creates the optimal environment for a smooth-working society.