Political Libertarianism

Anthony Kronman has argued that libertarians cannot distinguish non-arbitrarily between legitimate and illegitimate advantage-taking in contractual relations except by reference to a liberal, wealth-redistributive standard Kronman calls paretianism. We argue to the contrary that libertarians need not concede that any advantage-taking in contracts is legitimate and thus need not be liberal paretians with respect to advantage-taking.

Abstract The Kantian moral foundations of Nozickian libertarianism suggest that the claim that self?ownership grounds only negative rights to property should be rejected. The moral foundations of Nozick's libertarianism better support basing property rights on moral desert. It is neither incoherent nor implausible to say that need can be a basis for desert. By implication, the libertarian contention that persons ought to be respected as persons living self?shaping lives is inconsistent with the libertarian refusal to accept that claims of need (...) can sometimes outweigh claims to property. (shrink)

According to Eric Mack, the Wilt Chamberlain Argument makes two distinct points against all patterned and end-state theories of justice. First, the pattern theorist cannot explain how innocuous actions can give rise to an injustice. Second, the enforcement of a pattern theory requires constant redistribution of holdings, and that prevents people from forming legitimate expectations about their future holdings. This paper responds to both of these points. Mack’s first point denies or disregards the relevance of harmful consequences to the justice (...) or injustice of a distribution. The second point is based on a requirement that is either too demanding to be plausible, or too permissive to undermine pattern theories. The failure of Mack’s arguments illustrates the difficulty of resolving substantive political debates with a priori arguments alone. When faced with objections, the only possible defense of the Wilt Chamberlain argument resorts to empirical claims, which stand in need of empirical evidence. (shrink)

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)

Tibor Machan's _Ayn Rand_ aims to provide an introduction to Ayn Rand’s thought for “a broader readership who may have heard of Rand but not examined her ideas in detail”. . . . He portrays himself as an admirer, but not as a true believer who supposes that Rand can think no wrong. In addition to sympathetically discussing her views, he tries also to respectfully assess criticisms of those views. His position is not one of unqualified endorsement, but rather one (...) of respect and high regard for Rand as a philosopher. (shrink)

I agreed to come here today to speak on some such subject as "The Libertarian as Conservative." To me this is so obvious that I am hard put to find something to say to people who still think libertarianism has something to do with liberty. A libertarian is just a Republican who takes drugs. I'd have preferred a more controversial topic like "The Myth of the Penile Orgasm." But since my attendance here is subsidized by the esteemed distributor of a (...) veritable reference library on mayhem and dirty tricks , I can't just take the conch and go rogue. I will indeed mutilate the sacred cow which is libertarianism, as ordered, but I'll administer a few hard lefts to the right in my own way. And I don't mean the easy way. I could just point to the laissez faire Trilateralism of the Libertarian Party, then leave and go look for a party. It doesn't take long to say that if you fight fire with fire, you'll get burned. (shrink)

Libertarianism Today, by Jacob Huebert , is an excellent introduction to libertarianism. In contrast to many other recent books about libertarianism, a consistent non-compromising libertarianism is defended throughout this book.

Walter Block discusses publications by Robert Nozick, the unjustifiably ignored Michael Levin, and Ayn Rand, each of whom has criticized anarcho-capitalism, the system that takes laissez-faire capitalism to its logical extension: here, all goods and services, particularly including courts, police, and armies would be provided by competing private firms and individuals. This paper considers their arguments (for Nozick, that anarcho-capitalism would naturally evolve into minarchism or limited government free enterprise without violating the libertarian nonaggression axiom; for Levin, that the philosophy (...) of Hobbes is correct and requires a government for protection; for Rand, that anarcho-capitalism is incoherent) and rejects them. (shrink)

In his paper ‘A libertarian case for mandatory vaccination’, Jason Brennan argues that even libertarians, who are very averse to coercive measures, should support mandatory vaccination to combat the harmful disease outbreaks that can be caused by non-vaccination. He argues that libertarians should accept the clean hands principle, which would justify mandatory vaccination. The principle states that there is a (sometimes enforceable) moral obligation not to participate in collectively harmful activities. Once libertarians accept the principle, they will be compelled to (...) support mandatory vaccination. In my paper, I argue that the cases Brennan uses to justify this principle are disanalogous to the case of non-vaccination and that they are not compelling to libertarians. The cases Brennan offers can be explained by a libertarian using the individual sufficiency principle: which states that if an individual’s action is sufficient to cause harm, then there is a (sometimes enforceable) moral obligation not to carry out that action. I argue that this principle is more appropriate to Brennan’s examples, and more appealing to the libertarian, than the clean hands principle. In order to get libertarians to accept the clean hands principle, I present a modified version of one of Brennan’s cases that is analogous to the case of non-vaccination. Using this case, I argue that whether the clean hands principle will justify mandatory vaccination is dependent on whether the herd immunity rate in a given population is approaching a threshold after which a collective risk of harm will be imposed onto others. (shrink)

We set out a variety of material from Nozick’s work after -Anarchy, State, and Utopia- that tends to show that, despite his protestations of fidelity to libertarianism in-Invariances- and interviews before his death, his thought took directions inconsistent with the version of libertarianism in that book, in which only negative rights can be coercively enforced by the State. We explore one interpretive possibility, taking a second look at a footnote in ASU that acknowledges a moral permission to violate the ethic (...) of respect under circumstances of ‘catastrophic moral horror.’. (shrink)

There are many factors that may affect the analysis of ethical problems: the physical acts that occur, the relevant history, verbal communication, contracts, etc. One factor that can be difficult to incorporate is the role that socials norms play. This is because norms can vary widely between societies, and even within societies individuals are not usually consciously aware of the norms that they act upon. This paper examines how norms can effect ethical problems and gives one approach for investigating their (...) effect. (shrink)

In Why Not Socialism ?, G. A. Cohen argues that market society and capitalism are intrinsically repugnant. He asks us to imagine an ideal camping trip, which becomes increasing repugnant as it shifts from living by socialist to capitalist principles. In this paper, I expose the limits of this style of argument by making a parallel argument, which shows how an ideal anarchist camping trip becomes increasingly repugnant as the campsite turns from anarchism to democracy. When we see why this (...) style of argument fails to generate interesting objections to democracy, we then see why it also fails to generate interesting objections to market society. (shrink)

Jeffrey Friedman presents positive libertarianism as consisting of an objective morality, autonomy, and moral totalism. He then defines postlibertarianism as a consequentialist positive libertarianism. However, Friedman's claim that the choice of moral axioms is unjustifiable, and an equivocation in his use of the term ?moral,? makes his presentation of positive libertarianism incoherent. Nor is Friedman successful in grafting consequentialism onto positive libertarianism. The autonomy of positive libertarianism renders consequentialism superfluous, and the ends of the two systems conflict, for positive libertarianism (...) judges people, while the consequentialism of postlibertarianism judges actions. (shrink)

This paper aims to persuade its reader that libertarianism, at least in several of its varieties, is a species of the genus Michael Oakeshott referred to as ‘rationalism in politics’. I hope to demonstrate, employing the work of Oakeshott, as well as Aristotle and Onora O’Neill, how many libertarian theorists, who generally have a sincere and admirable commitment to personal liberty, have been led astray by the rationalist promise that we might be able to approach deductive certainty concerning the 'correctness' (...) of some political programme. Of course libertarians, in common with the adherents of almost any other political ‘stance’, are not a monolithic body, but exhibit a variety of more or less rationalist arguments for their views. For example, a thinker like Hayek, who is often placed in the libertarian camp, came to adopt much of Oakeshott’s critique of rationalism in his later work. And, of course, Oakeshott himself expressed an affinity for libertarian ideas in his essay, ‘The Political Economy of Freedom’ (1991 [1962]). But a general predilection to enhance individual freedom as far as is deemed practicable is quite a different matter from taking a stance in which liberty, and liberty conceived in a rather narrow fashion, is the only value deemed admissible into ‘reasonable’ political discourse. (We will see in a subsequent section that Oakeshott recognized this urge to sanctify one value above all others as a logical requirement of striving for deductive political truths.) I believe that a critique of such libertarian rationalism is particularly relevant given the present situation in the United States vis-à-vis civil rights and the ongoing ‘war on terror’, in that many non- libertarian supporters of peace and strong civil rights find themselves allied with libertarians on these issues—if libertarians have gotten these issues ‘correct’, then how might they have gone wrong elsewhere? Furthermore, the critique may aid libertarians themselves, because, if the title of this paper is accurate, such a single-minded exaltation of one value above all others is an enemy of true liberty, so that libertarians might want to rethink adopting such a position. As Philip Pettit demonstrates (1997), freedom as non-domination is more robust and inclusive of all that we value about freedom than is the libertarian concept of freedom as non-interference; by allowing, say, immense economic power to be concentrated in a single corporation, as intervention to break the company up would violate the principle of non-interference, libertarian ideas may greatly diminish the liberty of the people subject to that corporate power. (shrink)

ONE OF THE MOST prominent theorists of anarcho-capitalism is Hans- Hermann Hoppe. In what is perhaps his most famous result, the argumentation ethic for libertarianism, he purports to establish an a priori defense of the justice of a social order based exclusively on pri- vate property. Hoppe claims that all participants in a debate must presuppose the libertarian principle that every person owns himself, since the principle underlies the very concept of argumentation. Some libertarians (e.g., Rothbard 1988) have celebrated Hoppe’s (...) argument as the final nail in the coffin for collectivism of any type; following Hoppe, they believe that to deny the libertarian ethic is not only wrong, but also internally contradictory. On the other hand, a number of other prominent libertarians characterized Hoppe’s initial statement of his case as “one muddle after another” (Steele 1988, p. 47) or “a tissue of bald assertions” (Yeager 1988, p. 45). (shrink)

In Chinese history the periods known as Spring and Autumn (770-476 BC) and the Warring States (475-221 BC) were times of conflict and political instability caused by the increasing power of centralized and competing states. During this time of crisis many schools of thought appeared to offer different philosophical doctrines. This paper describes and studies ideas about the limitation of power defended by these different schools of ancient Chinese thought, and suggests some reasons why they failed to prevent the emergence (...) of an authoritarian imperial government in early China. (shrink)

This is the introductory essay to the Italian translation of Anthony de Jasay's "Choice, contract, and consent. A restatement of liberalism".

I shall formulate and motivate a left-libertarian theory of justice. Like the more familiar rightlibertarianism, it holds that agents initially fully own themselves. Unlike right-libertarianism, it holds that natural resources belong to everyone in some egalitarian manner. Left-libertarianism is, I claim, a plausible version of liberal egalitarianism because it is suitably sensitive to considerations of liberty, security, and equality.

A critique of ‘beyond left and right’ ideologies, from red Toryism to techno-libertarianism.

This article reviews Jan Narveson and James Sterba’s co-authored book Are Liberty and Equality Compatible?. Sterba argues that negative liberty requires that the poor have a right not to be interfered with in taking from the rich to fulfill their basic needs. Narveson argues that negative liberty means that people agree not to coerce others and that taking from anyone violates negative liberty. The authors not only differ on this point, but, as contractarians, on what terms reasonable people would likely (...) agree to in a “social contract.”. (shrink)

A major point of dispute among libertarian theorists and thinkers today as always revolves around the age—old question of whether man can live in total anarchy or whether the minimal state is absolutely necessary for the maximization of freedom. Lost in this dispute is the question of whether man is capable of getting out of anarchy at all. Can we really abolish anarchy and set up a Government in its place? Most people, regardless of their ideological preferences, simply assume that (...) the abolition of anarchy is possible, that they live under Government and that anarchy would be nothing but chaos and violence}. (shrink)

The War on Drugs has been waged primarily for cultural reasons, i.e., to enforce the Protestant Work Ethic. It does not serve a rational utilitarian function.

Hillel Steiner’s argument in this book is bold, imaginative and illuminating, despite being vitiated by some logical errors and a wholly impractical redistributive method.

This paper explores the implications of libertarianism for welfare policy. There are two central arguments. First, the paper argues that if one adopts a libertarian framework, it makes most sense to be a Lockean right-libertarian. Second, the paper argues that this form of libertarianism leads to the endorsement of a fairly extensive set of redistributive welfare programs. Specifically, the paper argues that Lockean right-libertarians are committed to endorsing welfare programs under which the receipt of benefits is conditional on meeting a (...) work requirement, and also endorsing some form of publicly funded jobs of last resort for potential welfare recipients. (shrink)

Libertarianism: For and Against offers dueling perspectives on the scope of legitimate government. Tibor R. Machan, a well-known libertarian philosopher, argues for a minimal government devoted solely to protecting individual rights to life, liberty, and property. Against this view, philosopher Craig Duncan defends democratic liberalism, which aims to ensure that all citizens have fair access to a life of dignity. In a dynamic exchange of arguments, the two philosophers cut to the heart of this important debate.

Murray N. Rothbard and Hans-Hermann Hoppe build their libertarian theory of justice on two axioms concerning self-ownership and homesteading, which are bolstered by two key arguments: reductio ad absurdum and performative contradiction. Each of these arguments is designed to demonstrate that libertarianism is the only theory of justice that can be justified. If either of these arguments were valid, it would prove the libertarian claim that the state is an unjust political arrangement. Giving due weight to the importance of the (...) libertarian anarchist claim, this article exposes and criticizes the arguments that substantiate it. (shrink)

In Anarchy, State, and Utopia, Robert Nozick seeks to demonstrate that principles of justice in acquisition and transfer can be applied to justify the minimal state, and no state greater than the minimal state. That approach fails to acknowledge the critical role that forced exchanges play in overcoming a range of public goods and coordination problems. These ends are accomplished by taking property for which the owner is compensated in cash or in kind in an amount that leaves him better (...) off (by his own lights) than before the transaction. Forced exchanges use coercion to form the state, but the just compensation requirement guards against redistribution state imposed redistribution for collateral purposes. Once these forced exchanges are allowed to form a state, then they may be used thereafter to justify the powers of taxation and eminent domain used to support infrastructure (roads, sewers, public utilities) that neither the minimal state nor private markets can supply. Footnotesa I have benefited from comments at the workshop at the Social Sciences Division of the California Institute of Technology. My thanks to Justin Herring and Eric Murphy, The University of Chicago Law School, for their usual capable research assistance. (shrink)