In this essay, I identify the reasons that libertarian principles have failed to capture the popular imagination as an acceptable form of civil society. By the term “libertarian” I mean a belief in and commitment to a set of methods and policies that have as their common aim greater freedom under law for individuals. The term “freedom” in this context means not only a commitment to civil liberties, such as freedom of expression, but also to economic liberties, including a commitment (...) to a laissez-faire policy of free enterprise and free trade between countries. Libertarians, therefore, are committed to the absolute minimum state intervention in the economy as well as in people's private lives. In a world constrained by these libertarian principles, people should be permitted to do as they please, constrained only by rules that prevent them from encroaching on the liberty of others. (shrink)

A major theme in discussions of the influence of technology on society has been the computer as a threat to privacy. It now appears that the truth is precisely the opposite. Three technologies associated with computers—public-key encryption, networking, and virtual reality—are in the process of giving us a level of privacy never known before. The U.S. government is currently intervening in an attempt, not to protect privacy, but to prevent it.

Robert Nozick is the most discussed libertarian philosopher of these days. The paper examines the question of whether he supported forced taxation. The normative basis of Nozick’s position, the neo-Lockean theory of natural human rights are analyzed. On the basis of this theory, his argument in favor of the moral justification of the minimal state is reconstructed. While this reconstruction leaves it ambiguous whether such the state should be funded by taxation, six arguments are offered in favor of such tax (...) funding. These arguments are based on the same normative premises as Nozick’s own argument and can therefore be supported by contemporary Nozickians even if Nozick himself rejected taxation. These arguments are shown to help overcome some of the critical objections faced by Nozick’s theory and neo-Lockeanism as a whole. However, accepting these arguments entails accepting not only the tax financing of the minimal state, but also the expansion of the functions of this state to provide citizens with a social minimum in the form of an unconditional basic income or some other form of redistribution. (shrink)

David Friedman posed a number of libertarian philosophical problems (Friedman 1989). This essay criticizes Walter Block’s Rothbardian responses (Block 2011) and compares them with J C Lester’s critical-rationalist, libertarian-theory responses (Lester [2000] 2012). The main issues are as follows. 1. Critical rationalism and how it applies to libertarianism. 2.1. How libertarianism is not inherently about law and is inherently about morals. 2.2. How liberty relates to property and can be maximized: carbon dioxide and radio waves. 2.3. Applying the theory to (...) flashlights. 2.4. Applying the theory to the probability of imposed risks. 2.5. “Homesteading” or initial acquisition. 2.6 What is “essential” for a “true libertarian.” 2.7. Crime and punishment. 2.8. Extent of punishment. 2.9. The libertarian response to a madman with a gun. 2.10. How contradictions in rights are possible. 2.11. The draft. 3.1. Utilitarian libertarianism and “nose counting”. 3.2. How interpersonal comparisons of utility are possible and utility monsters are not a threat. 3.3. Why it is not utilitarian in practice to kill an innocent prisoner to prevent a riot. 3.4. Why David Friedman should not be forced to give up one of his eyes. 3.5. How utilitarians can be libertarians. Conclusion: a proper theory of liberty combined with critical rationalism offers superior solutions to Friedman’s problems. Appendix: replies to two commentators. (shrink)

Frederick 2013 (the critique) offers criticisms of the Escape from Leviathan (EfL) theory of libertarian liberty and also of its compatibility with preference-utilitarian welfare and private-property anarchy. This reply to the critique first explains the underlying philosophical problem with libertarian liberty and EfL’s proposed solution. It then goes through the critique in detail showing that it does not grasp the problem or the solution and offers only misrepresentations and unsound criticisms.

: Accusations of infeasibility or utopianism are common in debates over libertarian institutions, but exactly what we mean when we say an idea is “utopian” or “infeasible” is often left unspecified. After reviewing recent philosophical work attempting to clarify the concept of “feasibility,” I consider how the concept has been deployed in the debate among libertarians […].

Libertarianism is a controversial political theory. But it is often presented as a resting upon a simple, indeed commonsense, moral principle. The libertarian “Non-Aggression Principle” (NAP) prohibits aggression against the persons or property of others, and it is on this basis that the libertarian opposition to redistributive taxation, legal paternalism, and perhaps even the state itself is thought to rest. This paper critically examines the NAP and the extent to which it can provide support for libertarian political theory. It identifies (...) two problems with existing libertarian appeals to the NAP. First, insofar as libertarians employ a moralized understanding of aggression, their principle is really about the protection of property rights rather than the prohibition of aggression. Second, the absolutist prohibition on aggression, which libertarians typically endorse and which is necessary to generate strongly libertarian conclusions, is grossly implausible. The paper concludes by setting forth a version of the NAP that does not suffer from these problems. It argues that this more moderate and defensible version of the NAP still has important libertarian implications, but that a full defense of libertarianism cannot rely upon appeals to non-aggression alone. (shrink)

This paper presents a new challenge for libertarianism. The problem, in a nutshell, is that libertarianism appears to self-destruct in cases where conjoined twins—who share body parts—disagree over what to do with them. The problem is explored, and some solutions are proposed. The verdict is that accepting any of them will make libertarianism harder to defend.

Libertarianism upholds individual liberty as of primary political importance. The concern for liberty leads to support for highly limited government, and sometimes even anarchism. Sometimes people come under the mistaken impression that libertarians have such a myopic concern for individual liberty that they must oppose social rules and social order. While that is too extreme, libertarianism does seem to have significant tensions with social rules, and the role of social rules within libertarianism is complex and contentious. This work aims to (...) bring out some of this complexity and to clarify the important place of social rules in libertarian thought. (shrink)

Much has been written about climate change from an ethical view in general, but less has been written about it from a libertarian point of view in particular. In this paper, I apply the libertarian moral theory to the problem of climate change. I focus on libertarianism’s implications for our individual emissions. I argue that even if our individual emissions cause no harm to others, these emissions cross other people’s boundaries, although the boundary-crossings that are due to our ‘subsistence emissions’ (...) are implicitly consented to by others, there is no such consent to our ‘non-subsistence emissions’, and there is no independent justification for these emissions. Although offsetting would provide such a justification, most emitters do not offset their non-subsistence emissions. Therefore, these emissions violate people’s rights, which means that they are impermissible according to libertarianism’s non-aggression principle. (shrink)

Richard Schmitt's case against the psychological defense of capitalism (Inquiry, Vol. 16, No. 2) has merit, but in stating it he attributes to a defender of capitalism the argument that capitalism suits people's innate selfishness. The position more plausibly attributed to the author in question is not only resistant to Schmitt's own arguments but is worth consideration in itself.

Abstract Democratic control of public policy is nearly impossible in the presence of extreme voter ignorance, and this ignorance is in part caused by the vast size and scope of modern government. Only a government limited in its scope can be meaningfully democratic. David Ciepley's response to my article does not seriously challenge this conclusion, and his attempts to show that limited government is inherently undemocratic fail. Ciepley's alternative vision of a ?democracy? that does not require informed voters turns out (...) to be not a defense of democracy at all, but a rationalization for any form of government that achieves a high level of leadership skill and bureaucratic efficiency. (shrink)

This paper argues that the views of Charles Taylor on justice in income and wealth distribution are fallacious, especially in regard to issues such as private property rights, justice, human rights, and theft. As to this last point, Taylor maintains it is possible, under certain circumstances, to “legitimately steal.” We regard this as a philosophical howler of the first order. We also demur from his contention that equity and equality can be used as synonyms.

This paper considers how Bryan Caplan’s concept of rational irrationality may manifest in various political institutional arrangements, building off the demand curve for irrationality. Mob democracy, anarchy, autocracy, and constitutionally constrained democracy are the governance structures addressed. While anarchy is strictly better than mob democracy, under certain conditions, democracy, anarchy, or constitutionally constrained democracy may yield the best outcomes depending on the circumstances.

Suppose that we have negative, natural rights to our lives, liberty, and possessions and that these rights are absolute or indefeasible. Then at best onlyminimal stateswill be legitimate, where such are states that restrict their activities to the enforcement of the basic rights of individuals and the like. Such appears to be the consequence of absolute natural rights. When made aware of these implications of absolute natural rights, many philosophers deny their existence. In the absence of a convincing defense of (...) absolute natural rights, the defense of the minimal state thereby loses force. (shrink)

This article outlines the foundations of a nomos-observing theory of social justice, termed ‘rule egalitarianism’, that explains how the seemingly contradictory merger of classical liberalism and social justice is conceivable. The first step towards such a theory consists in ensuring that a concern for the rule of law is etched in the very core of our understanding of social justice, in which case some egalitarian rules will be acceptable from a classical liberal viewpoint. The legal framework of capitalism can indeed (...) be designed to reduce inequality in the name of justice inasmuch as any egalitarian goal is specified in terms of institutional rules. More precisely, rules in a liberal polity should be general and abstract, which will lead us to establish a distinction between four concepts of rules, namely between laws, regulations, statutes and decrees. Moreover, against the neoclassical liberal understanding of social justice, rule egalitarianism argues that having general and abstract rules of market capitalism imposes some constraints on any institutional framework so that social justice becomes necessary to correct the errors of imperfect generalisations, leaving some people behind. (shrink)

This article outlines the foundations of a nomos-observing theory of social justice, termed ‘rule egalitarianism’, that explains how the seemingly contradictory merger of classical liberalism and s...

Part One of Marx's “On the Jewish Question” is a communitarian manifesto, one of the finest and subtlest ever penned. But has it anything valuable to offer defenders of liberalism?I think it does; for in “On the Jewish Question” Marx points to a potential danger into which communitarians are liable to fall, and I shall argue that his discussion sheds light on an analogous peril for liberals. Specifically, Marx distinguishes between a genuine and a spurious form of communitarianism, and warns (...) that a failure to recognize this distinction may lead communitarians to embrace liberal values in communitarian guise. Using Marx's analysis as a model, I hope to show that the same distinction may be found within the liberal tradition, posing a corresponding danger (communitarian values in liberal guise) into which contemporary liberalism has in large part already fallen. (shrink)

The author reviews Foundations of a Free Society: Reflections on Ayn Rand’s Political Philosophy, edited by Gregory Salmieri and Robert Mayhew, and finds it to be a rich and provocative anthology. However, the author is unpersuaded by the arguments, from a number of the contributors, for separating the prohibition on initiatory force as an ethical principle, from individual rights as a political principle—a separation that, on the ethical side, unduly discards the Aristotelean ethical approach with which Randian ethics claims affiliation, (...) and on the political side, is employed to ground an unconvincing case for the legitimacy of the state. (shrink)

On the extreme wing of libertarian ideology are the individualist anarchists, who wish to dispense with government altogether. The quasi-legitimate functions now performed by government, such as the administration of justice, can, the anarchists claim, be provided in the marketplace. George H. Smith.

Though questions of political obligation have long been central to liberal political theory, discussion has generally focused on voluntaristic aspects of the individual's relationship to the state, as opposed to other factors through which the state is able to ground compliance with its laws. The individual has been conceptualized as naturally without political ties, whether or not formally in a state of nature, and questions of political obligation have centered on accounting for political bonds.Footnotes* For helpful comments on and discussion (...) of earlier drafts of this paper, I am grateful to the other contributors to this volume, the editors of Social Philosophy and Policy, Colin Bird, Richard Dagger, Joshua Dienstag, Charles Kromkowski, David Mapel, Debra Morris, John Simmons, Vivian Thomson, and Steven Wall. (shrink)

Some theories of practical reasons incorporate a lexical priority structure, according to which some practical reasons have infinitely greater weight than others. This includes absolute deontological theories and axiological theories that take some goods to be categorically superior to others. These theories face problems involving cases in which there is a non-extreme probability that a given reason applies. In view of such cases, lexical-priority theories are in danger of becoming irrelevant to decision-making, becoming absurdly demanding, or generating paradoxical cases in (...) which each of a pair of actions is permissible yet the pair is impermissible. (shrink)

Las teorías liberales igualitarias de la justicia, las cuales otorgan a la igual solicitud una importancia crucial, afrontan un buen número de cuestiones cuando consideran qué bienes deberían ser distribuidos prioritariamente. Las implicaciones y perspectivas de estas teorías dependen de su definición del tipo de recurso que privilegien, tal y como veremos mediante un análisis de la teoría rawlsiana de los bienes primarios, de la teoría de la igualdad de recursos y de la teoría de la igualdad de oportunidades. Este (...) análisis mostrará que no es posible descartar la dimensión del bienestar en la evaluación de las situaciones individuales, tal y como han pensado las concepciones igualitarias de los recursos. La igualdad no consiste sólo en igualar los recursos iniciales, sino también en considerar la distribución final de los resultados individuales -y, en consecuencia, del bienestar- alcanzados por los agentes. (shrink)

Rawls’ theory is about prudence rather than justice. It is about the kind of political structure on which rational people would agree if they were preparing for the worst. Other strategies, such as confining redistribution to upholding a safety net, might also be plausible. Rawls’ theory is Georgism in persons: the income from individual abilities is regarded as if it is at the disposal of the collective and could be taxed as rent. This goes against the strong moral intuition of (...) self-ownership. However, Rawls’ question, where the worst off are as well off as they can be, is interesting. According to the Index of Economic Freedom, it actually may be under relatively unfettered capitalism. Unlike Rawls, Piketty is chiefly worried about the rich, seeking to impose confiscatory taxes on them. But the rich are not a fixed, unchangeable group of people who can effortlessly watch their capital accumulate. Capital is precarious, as is vividly illustrated in Balzac’s novel Père Goriot which Piketty quotes. Different as the approaches of Rawls and Piketty are, both of them agree that their ideal society has to be closed: It must become ‘socialism in one country.’. (shrink)

In thinking and talking about rights, including property rights, it seems natural to put the argument in either moral or legal terms. From the former viewpoint, rights are part of a description of what actions are right or wrong. The fact that I have a right to do something is an argument, although not necessarily a sufficient argument, that someone who prevents me from doing it is acting wrongly.

What is the proper punishment from the perspective of the libertarian philosophy? More specifically, in what way, if at all, may a thief benefit from his robbery? The present essay attempts to wrestle with these challenging questions.

As a collective action problem, climate change is best tackled by coordination. Most moral philosophers therefore agree on our individual responsibility as political citizens to help establish such coordination. There is disagreement, however, on our individual responsibilities as consumers to reduce emissions before such coordination is established. In this article I argue that from a Kantian deontological perspective we have a perfect duty to refrain from activities that we would not perform if appropriate coordination were established. Moral autonomy means that (...) we do not need to wait for an external lawmaker to tell us what we ought to do. In practice, this means basing our decisions on a shadow price for carbon: if we would not go out for a drive on a sunny Sunday afternoon in a gas-guzzling sport utility vehicle if gas prices were twice as high, we should not do it now. Moreover, we have imperfect duties to reduce emissions by more than our perfect duties require. (shrink)

What next? We are forever making decisions. Typically, when unsure, we try to identify, then compare, our options. We weigh pros and cons. Occasionally, we make the weighing explicit, listing pros and cons and assigning numerical weights. What could be wrong with that? In fact, things sometimes go terribly wrong. This paper considers what cost-benefit analysis can do, and also what it cannot.

Trends in the history of social science dedicated to the study of crime and punishment are presented as a case study supporting F.A. Hayek's theory of social change. Designing effective social institutions and public policies first requires an accurate vision of how society operates. An accurate model of society further requires scientific methods uniquely suited for the study of human beings as purposeful agents and the study of human institutions as complex social phenomena. If guided by faulty methods, theories are (...) inaccurate and policy outcomes veer from their intentions. Hayek termed such outcomes "abuses of reason". Aiming to replicate the objectivity of physical sciences via formal modeling and statistical measurement, economists throughout the 20th century imposed an excessively technical vision of human decision-making. Policy failures and social problems resulted. This paper argues that the historical trends of applied social science dedicated to crime and punishment can be understood similarly. Formal modeling and statistical measurement continuously displaced methods more attuned to human intentionality and social complexity. In result, amidst a long-run history of intellectual and political change, US law enforcement and criminal punishment policies became technocratic, and outcomes became disjointed from their stated intentions to promote social order and welfare. (shrink)

Various writers in the Western liberal and libertarian tradition have challenged the argument that enforcement of law and protection of property rights are public goods that must be provided by governments. Many of these writers argue explicitly for the provision of law enforcement services through private market relations.

In this paper, I outline a proposal for assigning liability for autonomous machines modeled on the doctrine of respondeat superior. I argue that the machines’ users’ or designers’ liability should be determined by the manner in which the machines are created, which, in turn, should be responsive to considerations of the machines’ welfare interests. This approach has the twin virtues of promoting socially beneficial design of machines, and of taking their potential moral patiency seriously. I then argue for abandoning the (...) retributive approach to machine crime in favor of prioritizing restitution. I argue that this shift better conforms to what justice demands when sophisticated artificial agents of uncertain moral status are concerned. (shrink)

A truly Christian bioethics challenges the nature, substance, and application of secular morality, dividing Christians from non-Christians, accenting central moral differences, and providing content-full forthrightly Christian guidance for action. Consequently, Christian bioethics must be framed within the metaphysical and theological commitments of Traditional Christianity so as to provide proper orientation toward God. In contrast, secular bioethicists routinely present themselves as providing a universal bioethics acceptable to all reasonable and rational persons. Yet, such secular bioethicists habitually insert their own biases and (...) prejudices into their moral conclusions, ethical consultations, and political aspirations, without any real justification. As this article explores, the ideologically driven anti-Christian commitments, including commitments to human rights and social justice, embodied within contemporary bioethics routinely illustrate the increasing gap between the traditionally Christian and the devoutly secular, further deepening the culture wars. (shrink)

In this paper, I assess Peter Dabrock's “Drawing distinctions responsibly and concretely: A European Protestant perspective on foundational theological bioethics.” I explore the ways in which Dabrock announces nontraditional Christian assumptions to guide Christian bioethics, engages the secular bioethical agenda on the very terms set by and congenial to the field of secular bioethics, and searches for insights from philosophy and science through which to recast Christian moral judgments. For example, he cites approvingly, as if they were expressive of Christian (...) moral concerns: human rights, democracy, and state-based social redistribution of resources to satisfy welfare entitlements. In this short essay, I argue that Dabrock has unduly limited the role of Traditional Christian theology to guide bioethics and, consequently, has also wrongly characterized the Christian moral life and Christian social/political obligations. (shrink)

Dr. Ron Paul, leader of the libertarian movement and former Congressman, favors the elimination of the death penalty. He argues from both a moral and economic, or pragmatic, perspective against executions. The present article takes issue with his stance and defends the killing of convicted murderers, with some caveats.

This paper attempts to answer the question of whether or not government is needed to build walkways near bodies of water such as rivers and lakes, or whether private enterprise can supply such needs. In it we argue that the market is indeed capable of instituting such amenities, despite the fact that there are either none such or at most very precious few in existence at the present time. This occurrence is explained on the grounds that government has preempted the (...) market that would otherwise have taken place in this regard. We also claim that the likelihood of private walkways being built is proportional to the population density of the surrounding habitat, on the grounds that privacy in densely populated regions is already compromised, and thus the costs of such walkways is lowered. (shrink)

What is the proper punishment from the perspective of the libertarian philosophy? More specifically, in what way, if at all, may a thief benefit from his robbery? The present essay attempts to wrestle with these challenging questions.

Perhaps the most remarkable event in social thought of the last twenty years has been the resurgence of various strands of individualism as political doctrines. The term ‘individualism’ is a kind of general rubric that encompasses elements of nineteenth century classical liberalism, laissez-faire economics, the theory of the minimal state, and an extreme mutation out of this intellectual gene pool, anarcho-capitalism. The term libertarianism itself is applied indiscriminately to all of those doctrines. It has no precise meaning, except that in (...) a general sort of way libertarianism describes a more rigorous commitment to moral and economic individualism and a more ideological approach to social affairs than conventional liberalism. I suspect that its current usage largely reflects the fact that the word with the better historical pedigree, liberalism, has been associated, in America especially, with economic doctrines that are alien to the individualist tradition. (shrink)

Chapter. 1. Philosophical. Perspectives. on. Democracy. in. the. Twenty-First. Century: Introduction. Ann E. Cudd and Sally J. Scholz Abstract Recent global movements, including the Arab Spring, the Occupy Movement, as well as polarizing ...

This article presents the most important strands of the philosophical debate about markets. It offers some distinctions between the concept of markets and related concepts, as well as a brief outline of historical positions vis-à-vis markets. The main focus is on presenting the most common arguments for and against markets, and on analyzing the ways in which markets are related to other social institutions. In the concluding section questions about markets are connected to two related themes, methodological questions in economics (...) and the topics of business ethics and corporate social responsibility. (shrink)

Libertarianism holds that agents initially fully own themselves and have moral powers to acquire property rights in external things under certain conditions. It is normally advocated as a theory of justice in the sense of the duties that we owe each other. So understood, it is silent about any impersonal duties (i.e., duties owed to no one) that we may have.

What is my thesis? It is not that radical experimentation by the state, rather than liberal democracy, is more in accord with the spirit and logic of Popper’s ‘revolutionary’ epistemology. It is the opposite criticism, that full anarchic libertarianism (individual liberty and the free market without any state interference) better fits Popper’s epistemology and scientific method.

The practical superiority of markets over governments has become readily apparent. Only the most dogmatic of state apologists continue to deny this obvious fact—at least with respect to the production of many goods and services. Free-market economists and libertarians go much further, of course. They affirm the market’s superiority in nearly all realms. Yet only a handful of anarchocapitalists, most notably Murray Rothbard, have dared claim that a free market could also do a better job of providing protection from foreign (...) states.1 National defense is generally considered the most essential of all government services. This widely conceded exception to the efficacy of markets seems to have irrefutable empirical confirmation. If private defense is better than government defense, why has government kept winning over the centuries? Indeed, the state’s military prowess has more than seemingly precluded the modern emergence of any anarchocapitalist society. At one time, as far as we know, all humankind lived in stateless bands of hunter-gatherers and had done so since the emergence of modern man some fifty thousand years ago. But beginning around 11,000 B.C., a gradual transition to.. (shrink)

Many people believe that Somalia’s economy has been in chaos since the collapse of its national government in 1991. We take a comparative institutional approach to examine Somalia’s performance relative to other African countries both when Somalia had a government and during its extended period of anarchy. We find that although Somalia is poor, its relative economic performance has improved during its period of statelessness. We also describe how Somalia has provided basic law and order and a currency, which have (...) enabled the country to achieve the coordination that has led to improvements in its standard of living. (shrink)

Compelling research in international relations and international political economy on global warming suggests that one part of any meaningful effort to radically reverse current trends of increasing green house gas (GHG) emissions is shared policies among states that generate costs for such emissions in many if not most of the world’s regions. Effectively employing such policies involves gaining much more extensive global commitments and developing much stronger compliance mechanism than those currently found in the Kyoto Protocol. In other words, global (...) warming raises the prospect that we need a global form of political authority that could coordinate the actions of states in order to address this environmental threat. This in turn suggests that any serious effort to mitigate climate change will entail new limits on the sovereignty of states. In this book I focus on the normative question of whether or not we have clear moral reasons to bind ourselves together in such a supranational form of political association. I argue that one can employ familiar liberal arguments for the moral legitimacy of political order at the state level to show that we do have a duty to support such a global political project. Even if one adopts the premises employed by the most influential forms of liberal scepticism to the ideas of global political and distributive justice, such as those advanced by John Rawls and Thomas Nagel, it is clear that the threat of global warming has expanded the scope of justice. We now have a global and demanding duty of justice to create the political conditions that would allow us to collectively address our impact on the Earth’s atmosphere. (shrink)

In his autobiography, Skinner states that Walden Two was an anarchist society because no person was in control and the community was planned in such a way that institutions were not needed. Based on that statement, this article aims to evaluate an anarchist interpretation of Walden Two. The text is divided into 3 parts. The first part presents a definition of anarchism, covering its criticism of domination and a defense of self-managed society (anarchy). In the second part, some convergence points (...) of Walden Two and anarchism are indicated in 3 social spheres (economic, political, and cultural). The last part analyzes the divergences between the community described in Walden Two and an anarchist society, with an emphasis on the issue of Walden Two’s political inequality. It is concluded that the divergences between Walden Two and anarchism are decisive and prevent the community described in Skinner’s book from being classified as an anarchist one, and, therefore, they counter Skinner’s own statement. (shrink)