This replies to Block 2019 (B19), which responds to Lester 2014 (L14). The main issues in the, varyingly sized, sections are as follows. 1 Further explanations of critical rationalism, the theory of liberty, and problems with the non-aggression principle. 2.1 The relationships among law, morality, and libertarianism. 2.2 The objective invasiveness of low-level radiation and that it is therefore an initiated imposition (albeit trivial) if someone inflicts it on non-consenting people. 2.3 The objective and subjective aspects of initiated impositions; and (...) how clashes can be resolved. 2.4 How liberty relates to risk and self-ownership. 2.5 Libertarian initial acquisition versus absolute property rights by labour-mixing. 2.6 Organisational note. 2.7 Libertarianism and mens rea. 2.8 Libertarian rectification versus lex-talionis doubling. 2.9 Indirectly clashing rights, self-preservation, trespasser-hiker, flagpole-grasper, and landmine-layer. 2.10 A logical point is not a moral point. 2.11 Pacifism and libertarianism. 3.1 A weak criticism of utilitarianism. 3.2 Hedonometers; approximate interpersonal comparisons of utility imply libertarianism; what a libertarian is; libertarian rankings. 4. Libertarian philosophy versus propertarian dogma. Coda: the need to take seriously the philosophical problems with propertarian-justificationist libertarianism. (shrink)

Propertarian justifications of intellectual property postulate the appropriation of various entities, often called patterns, designs, or technologies. These must be immaterial and should not be confused with material structures that embody them. Hence two classes of objects are distinguished. It is convenient to refer to them as types and tokens. The type must involve a condition defining which material structures should be considered its tokens. For an IP regime to be economically meaningful one must necessarily appropriate types in a way (...) which restricts access to wide classes of similar, non-identical material structures. Therefore, type conditions must be general. They must define, with a margin of tolerance, only certain aspects of the structure, leaving others unspecified. Consequently, the relationship between such types and tokens is of many-to-many variety. The recognition of these facts leads to four problems in justifying intellectual property on propertarian grounds. The first problem is to demonstrate possession of the type in the pre-legal situation. The second one is to explain, why boundaries of an appropriated type should be placed in a particular location. The third problem is to avoid claim deadlocks resulting from conflicts of rights generated by separate overlapping types. The fourth problem is to justify why ownership of the type should entail the control over other separate entities—that is tokens. In the propertarian framework grounded in the pre-legal state of nature, satisfactory solutions do not seem to have been proposed for any of these four problems. (shrink)

Andy Curzon replied (often quoting from the opening sections of Lester 2014, chapter 10) in an ongoing debate with Lee Waaks, which Mr Waaks forwarded (with approval) to the Libertarian Alliance Forum (27 February 2015). This response replies to the criticisms after directly quoting them (the indented text; except where Lester is occasionally quoted, as indicated). A few cuts have been made to avoid some repetition and irrelevance. However, just as Mr Curzon sometimes repeats his main points in slightly different (...) ways and contexts in the hope that some of them might prove cogent, so this reply does the same. The dialogue-like result seems to engage more directly and completely than producing a new stand-alone exposition. And some new arguments are even developed in the process. But the full nature of many of the criticisms and replies often only becomes clear as the “dialogue” proceeds. An addendum then rebuts two further brief critical responses in the same manner. (shrink)

‘Gender disappointment’ is regularly reported by those whose child’s sex does not match the sex that they, the parent, desired. With symptoms ranging from mere fleeting sadness to documented cases of serious depression, alienation from one’s child, and emotional suffering, it is clear that so-called ‘gender disappointment’ is a serious issue, that has, as yet, seen little philosophical attention (though see Hendl and Browne 2020). In this chapter I explore gender disappointment, not from the perspective of a parent who ended (...) up with the child of the wrong sex at birth, but rather, from the perspective of a different kind of gender disappointment: the transgender person who grew up and only then disappointed their parents by turning out to be the ‘wrong’ gender. This perspective, I argue, reveals a great deal about the shared gender essentialism at the heart of patriarchal and cissexist ideology. Moreover, I will argue that it reveals the underlying propertarian relationship of parents to their children under contemporary capitalism – a troubling relationship that legitimates the treatment of children as objects to be designed and controlled as commodities at the whims of parents. In this way I disagree with Whyman when he writes that “a preference for having a child of one sex over the other should be considered one of those irrational things of which some sense can nevertheless be made – like aesthetic taste” (Whyman 2021, 113-114). I argue, to the contrary, that the desire for a child of one particular gender is not akin to a mere unproblematic aesthetic preference. Instead, and following the rich feminist tradition of thinking about the patriarchal origins of sexual desire, I argue that we must see these desires as troubling reflections of dominant patriarchal and cissexist ideology, underwritten by a particular neoliberal capitalist mode of production. Moreover, we can seek to change those desires. (shrink)

This paper outlines and reviews three forms and associated discourses of the 'knowledge economy': the 'learning economy', based on the work of Bengt-Åke Lundvall; the 'creative economy' based on the work of Charles Landry, John Howkins and Richard Florida; and the 'open knowledge economy' based on the work of Yochai Benkler and others. Arguably, these three forms and discourses represent three recent related but different conceptions of the knowledge economy, each with clear significance and implications for education and education policy. (...) The last provides a model of radically non-propertarian form that incorporates both 'open education' and 'open science' economies. (shrink)

The most influential justification of individual property rights is the Propertarian Argument. It is the idea that the institution of private property renders everyone better off, and crucially, even the worst-off members of society. A recent critique of the Argument is that it relies on an anthropologically false hypothesis – the idea, following Thomas Hobbes, that life in the state of nature is one of widespread scarcity and violence to which property rights are a solution. The present article seeks to (...) reformulate this Anthropological Objection in a way that more directly addresses Hobbes’ original argument. It then shows that private property is justified to the extent that it allows anyone to reclaim their free time. (shrink)

We explain libertarian thought about family and children, including controversial issues in need of serious attention. To begin our discussion of marriage, we distinguish between procedural and substantive contractarian approaches to marriage, each endorsed by various libertarians. Advocates of both approaches agree that it is a contract that makes a marriage, not a license, but disagree about whether there are moral limits to the substance of the contract with only advocates of the substantive approach accepting such. Either approach, though, offers (...) advantages over the current licensing system, so we discuss paths from that to a contractarian system. We also discuss the concept of marriage itself, the ages of consent for marriage, sexual activity, and reproduction, as well as how marriages can be dissolved, and coercion that sometimes occurs in marriage. We then turn to children. We first discuss reproductive freedom and then discuss the moral relationship between children and parents, especially considering stewardship, propertarian, and best interests approaches (we also touch on anti-natalism). One of the biggest issues facing parents is how to properly raise and educate children; we discuss this in depth and consider the sort of schooling that should be offered in a free society. Since children lack the requisite ability to consent, they cannot choose their education; how to respond to this is of the utmost importance for libertarians. As we note, the same issue of consent looms large for many forms medical treatment of children. (shrink)

We explain libertarian thought about family and children, including controversial issues in need of serious attention. To begin our discussion of marriage, we distinguish between procedural and substantive contractarian approaches to marriage, each endorsed by various libertarians. Advocates of both approaches agree that it is a contract that makes a marriage, not a license, but disagree about whether there are moral limits to the substance of the contract with only advocates of the substantive approach accepting such. Either approach, though, offers (...) advantages over the current licensing system, so we discuss paths from that to a contractarian system. We also discuss the concept of marriage itself, the ages of consent for marriage, sexual activity, and reproduction, as well as how marriages can be dissolved, and coercion that sometimes occurs in marriage. We then turn to children. We first discuss reproductive freedom and then discuss the moral relationship between children and parents, especially considering stewardship, propertarian, and best interests approaches (we also touch on anti-natalism). One of the biggest issues facing parents is how to properly raise and educate children; we discuss this in depth and consider the sort of schooling that should be offered in a free society. Since children lack the requisite ability to consent, they cannot choose their education; how to respond to this is of the utmost importance for libertarians. As we note, the same issue of consent looms large for many forms medical treatment of children. (shrink)

Many libertarians make a moral argument that liberty requires the freedom to exercise strong property rights. From this, they argue that no more than a minimal state with sharply limited powers of taxation can be justified. A larger state would supposedly interfere with private property rights and thereby reduce liberty. In response, this article shows how natural rights to property do not entail any particular vision of the state. It demonstrates that the principles of natural property rights support monarchy just (...) as well as they support a capitalist aristocracy. Nothing in the theory of natural property rights rules out government ownership of property or government ownership of the right to tax. Therefore, the natural rights argument does not necessarily imply libertarian limits on the state, but rather the acceptance of whatever state powers and property rights have been in place for a sufficient amount of time. For example, historical property rights in Britain do not imply that private titleholders possess rights that have been subject to interference from the state, as libertarians claim. Instead, they imply that the Queen and her ministers in parliament have a strong claim to at least partial ownership of the whole island of Britain and the property within it. If this argument holds, it poses a serious dilemma for libertarians, forcing them to choose between their account of liberty as the exercise of property rights and their belief that only a minimal state is justifiable. Key Words: libertarianism • ownership • property rights • taxation • distribution • redistribution. (shrink)

1) Introduction. 2) The key libertarian insight into property and orthodox libertarianism’s philosophical confusion. 3) Clearer distinctions for applying to what follows: abstract liberty; practical liberty; moral defences; and critical rationalism. 4) The two dominant (‘Lockean’ and ‘Hobbesian’) conceptions of interpersonal liberty. 5) A general account of libertarianism as a subset of classical liberalism and defended from a narrower view. 6) Two abstract (non-propertarian, non-normative) theories of interpersonal liberty developed and defended: ‘the absence of interpersonal initiated imposed constraints on want-satisfaction’, (...) abbreviated to ‘no initiated imposed costs’; and ‘no imposed costs’. 7) Practical implications for both main abstract conceptions of liberty derived and compared. 8) How this positive analysis relates to morals. 9) Concluding conjectures: the main abstract theory of liberty captures the relevant interpersonal conception; the new paradigm of libertarianism solves the old one’s problems. (shrink)

This book’s four main theses: -/- (1) Interpersonal liberty requires an explicit, pre-propertarian, purely factual, theory. -/- (2) Liberty is—and need only be—morally desirable in systematic practice, not in every logically possible case. In practice, there is no clash between the two main moral contenders: rights and consequences. -/- (3) Nothing can ever justify, support, or ground any theory of liberty or its applications, because it is logically impossible to transcend assumptions. Theories can only be explained, criticised, and defended within (...) conjectural frameworks. -/- (4) The state is inherently authoritarian and also negative-sum. It reduces welfare overall, with the losses compounding over time. Libertarian anarchic order is the positive-sum solution to illiberal political chaos. -/- J C Lester is a philosopher whose solution to the crucial philosophical problem of interpersonal liberty provides an explicit theory of liberty, explains how its application entails self-ownership and external property, and relates to all other interpersonal matters. (shrink)

Until quite recently, it has appeared that eleutheric-conjectural libertarianism (ECL) could not avoid some degree of, very broad, interpersonal utility comparisons (IUCs). And this has been objected to by some of its libertarian critics, notably economists and propertarians. Indeed, this aspect does make the theory less compatible with economics than the rest of the theory and it is thereby a significant problem. This is because one of the main problems that ECL is intended to solve is how an abstract theory (...) of liberty can be compatible with the pro-free-market conclusions of many economists. Being more compatible with economics should make ECL theory more comprehensive, comprehensible, and cogent. (shrink)

The most relevant and plausible conceptions of economic rationality, interpersonal liberty, human welfare, and private-property anarchy do not conflict in theory or practice. Using philosophy and social science, Escape from Leviathan defends this bold, non-normative, thesis from contrary positions in the scholarly literature. Writers considered include David Friedman, John Gray, R. M. Hare, Robert Nozick, Karl Popper, John Rawls, Murray Rothbard, Alan Ryan, Amartya Sen, and Bernard Williams. *** The rationality assumptions of neoclassical and Austrian School economics are reconciled and (...) related to liberty and welfare. A new pre-propertarian theory of interpersonal liberty as the absence of (initiated or proactively) imposed cost is argued to be libertarian. Human welfare is defended as the satisfaction of unimposed wants. Practical anarchy is simply unconstrained private property. Related topics include free will, weakness of will, the nature of moralizing, intellectual property, and restitution and retribution. Critical-rationalist epistemology (theories can only be criticized and tested, not justified or supported) is applied throughout. This is a ground-breaking work that is also an excellent introduction to libertarianism and social thought. (shrink)