Between market and state – is the West tipping towards libertarianism?

Interview with lawyer Thomas Sasse 

Mr Sasse, what would it mean if the western social market economy were to  be given a libertarian spin?

Thomas Sasse: That would mean a fundamental change to the economic and  social model. The social market economy is based on the principle that the market  is efficient, but the state sets framework conditions to ensure social security,  education, healthcare and fair competition. If the state abandons this regulatory  role or regards it as illegitimate, we will move towards unregulated capitalism. 

The result would be greater polarisation: while capital and technology continue to  concentrate, large sections of society are at risk of being left behind. Access to  important services could increasingly on private wealth, while social inequalities  escalate. In the long term, this not only jeopardises social cohesion, but also  political stability. 

What would such a development mean for our legal systems and  constitutions? 

Thomas Sasse: Our constitutions and legal systems are based on the idea of a  balance between freedom and responsibility. A libertarian radicalisation would  undermine this principle. Labour law, consumer protection, data protection or anti discrimination rules could be seen as “market barriers” and massively dismantled. 

This could lead to a de facto erosion of fundamental rights – not through legal  abolition, but through structural changes that render the state incapable of acting.  Large corporations and technology platforms could then take more and more  decisions that were previously within the democratic sphere. The result would be an  increasing shift of power from elected institutions to economic players without  democratic legitimisation and accountability. 

What consequences would a libertarian turnaround in the USA have for  transatlantic relations? 

Thomas Sasse: The transatlantic alliance has always been based on a common set  of values: democracy, the rule of law and a common vision.

Mixture of market economy and regulation. If the USA abandons this basic  consensus and to a radical-libertarian ideology, the balance of power will change  dramatically. 

Europe could then come under pressure to either adapt or develop its own,  opposing path. This would be particularly problematic in terms of security policy.  NATO could be called into question if a libertarian America is no longer prepared to  integrate itself into multilateral structures. Economically, too, there could be a  decoupling if trade is only organised according to the principle of “survival of the  fittest”. 

Are there also geopolitical risks? Could a libertarian turn in the USA  strengthen authoritarian regimes? 

Thomas Sasse: . When Western democracies weaken themselves through extreme  faith in the market, authoritarian states benefit. China and Russia are already  propagating their “strong hand” model as an alternative to Western liberalism. 

If the USA withdraws from international structures or only acts in its own interests,  many countries, particularly in the global South, could orientate themselves more  towards China. This would shake up the current global power structure. 

Digitalisation is an important factor. What role do tech companies play in  this? 

Thomas Sasse: A central one. The world’s largest tech companies – Google, Meta,  Amazon, Tesla – are increasingly taking libertarian positions. Executives such as  Elon Musk and Peter Thiel are declared opponents of state regulation. Mark Zuckerberg’s mantra “move fast and break things” reflects precisely this  mindset. 

There is also a close connection between libertarianism and the world of  cryptocurrencies. The cypherpunks who invented Bitcoin were strongly influenced  by libertarian ideas. Their goal is an economy that is completely independent

from state institutions. In theory, this sounds like more freedom – in practice, it could  mean that financial power falls into the hands of a few players who can hardly be  regulated. 

If the influence of these platforms continues to grow, they could de facto legislators.  Their influence on markets, opinion-forming and even electoral processes is already  enormous. States would then have to ask themselves: who actually governs –  elected governments or the algorithms of some 

Tech giants? 

What options does Europe have? Should it follow the libertarian course of the  USA or develop a counter-strategy? 

Thomas Sasse: Europe has the opportunity to develop an alternative model – a  model that combines innovation and economic dynamism with a strong  constitutional state and social security. A model based on regulated digitalisation,  sustainable growth and strategic autonomy. 

However, this requires political courage. Europe should reduce its economic and  security policy dependence on the USA and position itself as an independent force.  For example, it could develop a European technology strategy so as not to be  completely dependent on American platforms. Or establish a financial policy that  promotes innovation but prevents speculative excesses. 

A European counterweight could also become attractive for other countries  looking for an alternative to the American or Chinese model. 

In conclusion: How can the West arm itself in the long term against the  dangers of a radical libertarian development? 

Thomas Sasse: It is crucial that we maintain the balance between the market and  the state. History shows that democracies that destabilise themselves through too  much faith in the market often become susceptible to authoritarian counter movements.

The state must set the right guard rails: not too much regulation so as not to stifle  innovation – but also not too little so as not to allow economic power to become  uncontrolled. This requires a strong civil society, critical media and a political  culture that resists extreme simplifications. 

The coming years will show whether the West is up to this challenge. An  uncontrolled libertarian development could undermine democracy itself. The course  is being set now. 

Thank you very much, Mr Sasse, for the interview.