Michael Otsuka sets out to vindicate left-libertarianism, a political philosophy which combines stringent rights of control over one's own mind, body, and life with egalitarian rights of ownership of the world. Otsuka reclaims the ideas of John Locke from the libertarian Right, and shows how his Second Treatise of Government provides the theoretical foundations for a left-libertarianism which is both more libertarian and more egalitarian than the Kantian liberal theories of John Rawls and Thomas Nagel. Otsuka's libertarianism (...) is founded on a right of self-ownership. Here he is at one with 'right-wing' libertarians, such as Robert Nozick, in endorsing the highly anti-paternalistic and anti-moralistic implications of this right. But he parts company with these libertarians in so far as he argues that such a right is compatible with a fully egalitarian principle of equal opportunity for welfare. In embracing this principle, his own version of left-libertarianism is more strongly egalitarian than others which are currently well known. Otsuka argues that an account of legitimate political authority based upon the free consent of each is strengthened by the adoption of such an egalitarian principle. He defends a pluralistic, decentralized ideal of political society as a confederation of voluntary associations. Part I of Libertarianism without Inequality concerns the natural rights of property in oneself and the world. Part II considers the natural rights of punishment and self-defence that form the basis for the government's authority to legislate and punish. Part III explores the nature and limits of the powers of governments which are created by the consensual transfer of the natural rights of the governed. Libertarianism without Inequality is a book which everyone interested in political theory should read. (shrink)

Libertarianism about free will conjoins the thesis that free will requires indeterminism with the thesis that we have free will. Here the claim that we have experiential evidence for the libertarian position is assessed. It is argued that, on a straightforward reading, the claim is false, for our experiences as agents don't support the claim that free will requires indeterminism. However, our experiences as agents may still have a role to play in an overall case for libertarianism, insofar (...) as they give us some (defeasible) reason to think that we have free will. This latter claim is defended against a pair of objections that have been leveled against it. (shrink)

Reciprocal libertarianism is a version of left-wing libertarianism that combines self-ownership with an egalitarian distribution of resources according to reciprocity. In this paper, I show that re...

In this book, leading expert Eric Mack provides a rigorous and clear account of the philosophical principles of libertarianism. This book will be essential reading for anyone interested in political philosophy, political ideologies and the nature of liberty and state authority, from students and scholars to general readers.

Compatibilist libertarianism claims that alternate possibilities for action at the agential level are consistent with determinism at the physical level. Unlike traditional compatibilism about alternate possibilities, involving conditional or dispositional accounts of the ability to act, compatibilist libertarianism offers us unqualified modalities at the agential level, consistent with physical determinism, a potentially big advance. However, I argue that the account runs up against two problems. Firstly, the way in which the agential modalities are generated talks past the worries (...) of the incompatibilist in the traditional free will problem. As such, it fails to dispel the worries that determinism generates for the incompatibilist. Secondly, in spite of the ingenious use of the supervenience thesis and multiple realizability, the position still allows us to generate the old worry that determinism at the physical level would mean no alternate possibilities at the level of agency. In particular, I develop a new example, the ‘atomic slit case’ that demonstrates how physical level information is salient to what is possible at the agential level, motivating incompatibilism. (shrink)

Left libertarianism is a theory of justice that is committed to full self-ownership and to an egalitarian sharing of the value of natural resources. It is, I shall suggest, a promising way of capturing the liberal egalitarian values of liberty, security, equality, and prosperity.

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)

This paper develops a soft-libertarian response to Frankfurt-style cases and to the threat that such cases apparently pose to any brand of libertarianism.

In this chapter, drawing partly on some attractions to soft libertarianism and on a libertarian approach articulated in Mele (1996) to accommodating successful Frankfurt-style cases, I motivate the thesis that at least some human beings sometimes act freely than that no human being ever acts freely.

This book contains a collection of important recent writing on left-liberalism, a political philosophy that recognizes both strong liberty rights and strong ...

This paper is an encyclopedia entry on the political philosophy of libertarianism, written for the Internet Encyclopedia of Philosophy. It discusses the major contemporary strands of libertarianism and their historical roots, and presents some of the main criticisms of these strands. Its focus is on libertarianism as a doctrine about distributive justice and political authority, and specifically on the consequentialist and natural rights formulations of these views.

Reductionism about testimony holds that testimonial warrant or entitlement is just a species of inductive warrant. Anti-Reductionism holds that it is different from inductive but analogous to perceptual or memorial warrant. Perception receives much of its positive epistemic status from being reliably truthconducive in normal conditions. One reason to reject the epistemic analogy is that testimony involves agency – it goes through the will of the speaker – but perception does not. A speaker might always choose to lie or otherwise (...) deliberately mislead. It is argued that the force of this derives (in part) from Libertarianism about agency, and that Libertarianism, if it undermines the Anti-Reductionist explanation of why we are entitled to rely upon testimony, undermines the Reductionist explanation as.. (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.

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.

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)

This paper tries to summarize the main lines of discussion at the conference "Compatibilist Libertarianism: Advantages and Challenges" (October 29, 2021). This conference, organised by Alexander Gebharter and Maria Sekatskaya, served the discussion of Christian List's account of compatibilist libertarianism. Speakers were Taylor W. Cyr, Nadine Elzein, Alexander Gebharter, Christian List, Alfred R. Mele, Leonhard Menges, Tuomas K. Pernu, and Maria Sekatskaya.

Free marketeers claim that theirs is the only economic mechanism which respects and furthers human freedom. Socialism, they say, has been thoroughly discredited. Most libertarians treat the state in anything other than its minimal, 'nightwatchman' form as a repressive embodiment of evil. Some reject the state altogether. But is the 'free market idea' a rationally defensible belief? Or do its proponents fail to examine the philosophical roots of their so-called freedom? Anti-libertarianism takes a sceptical look at the conceptual tenets (...) of free market politics. Alan Haworth argues that libertarianism is little more than an unfounded, quasi-religious statement of faith: a market romance. Moreover, libertarianism is exposed as profoundly antithetical to the very freedom which it purports to advance. This controversial book is for anyone interested in the cultural and political impact of free market policies on the modern world. It will be invaluable to students and specialists of political and economic theory, social science and philosophy. (shrink)

Free marketeers claim that theirs is the only economic mechanism which respects and furthers human freedom. Socialism, they say, has been thoroughly discredited. Most libertarians treat the state in anything other than its minimal, 'nightwatchman' form as a repressive embodiment of evil. Some reject the state altogether. But is the 'free market idea' a rationally defensible belief? Or do its proponents fail to examine the philosophical roots of their so-called freedom? _Anti-libertarianism_ takes a sceptical look at the conceptual tenets of (...) free market politics. Alan Haworth argues that libertarianism is little more than an unfounded, quasi-religious statement of faith: a market romance. Moreover, libertarianism is exposed as profoundly antithetical to the very freedom which it purports to advance. This controversial book is for anyone interested in the cultural and political impact of free market policies on the modern world. It will be invaluable to students and specialists of political and economic theory, social science and philosophy. (shrink)

Perhaps the greatest impediment to a viable libertarianism is the provision of a satisfactory explanation of how actions that are undetermined by an agent's character can still be under the control of, or ‘up to’, the agent. The ‘luck problem’ has been most assiduously examined by Robert Kane who supplies a detailed account of how this problem can be resolved. Although Kane's theory is innovative, insightful, and more resourceful than most of his critics believe, it ultimately cannot account for (...) the type of control that moral responsibility and (ultimate) agency legitimately require. (shrink)

In this paper I discuss two kinds of attempts to qualify incompatibilist and compatibilist conceptions of freedom to avoid what have been thought to be incredible commitments of these rival accounts. One attempt -- which I call soft libertarianism -- is represented by Robert Kane''s work. It hopes to defend an incompatibilist conception of freedom without the apparently difficult metaphysical costs traditionally incurred by these views. On the other hand, in response to what I call the robot objection (that (...) if compatibilism is true, human beings could be the products of design), some compatibilists are tempted to soften their position by placing restrictions on the origins of agency. I argue that both of these attempts are misguided. Hard libertarianism and hard compatibilism are the only theoretical options. (shrink)

Some libertarians tend to advocate the wide availability of cognition-enhancing drugs beyond their current prescription-only status. They suggest that certain kinds of drugs can be a component of a prudential conception of the ‘good life’—they enhance our opportunities and preferences; and therefore, if a person freely chooses to use them, then there is no justification for the kind of prejudicial, authoritative restrictions that are currently deployed in public policy. In particular, this libertarian idea signifies that if enhancements are a prudential (...) ‘good’ for the user, then this can also be construed as a moral good for all rational agents. If this argument is successful, there can be no substantial distinction between the categorical benefits of enhancement, and what is labeled as an enhancement technology. In this paper, I argue that the exclusivity of egotistical choice, and an uncritical deployment of enhancement as a prudential good, underplays the role of a social and political community when creating a procedurally just and effective public policy. Principally, the argument is devoid of any ethical system to permit the external—and therefore public–appreciation of the social context of moral decisions. In effect, libertarian arguments of this sort must disregard any ideas of public ethics, because the liberty to use whatever means available to gain a socio-economic advantage actually extinguishes any professed legitimation strategy. Escaping the procedural aspects of public policy, which are considered integral to authoritative coherence, results in the erosion of any moral obligations. Thus, in a libertarian society, disenfranchised individuals—such as those harmed through addiction—are the unlucky or superfluous product of a liberal and ‘progressive’ society. (shrink)

In this book, Christopher Evan Franklin develops and defends a novel version of event-causal libertarianism. This view is a combination of libertarianism--the view that humans sometimes act freely and that those actions are the causal upshots of nondeterministic processes--and agency reductionism--the view that the causal role of the agent in exercises of free will is exhausted by the causal role of mental states and events (e.g., desires and beliefs) involving the agent. Franklin boldly counteracts a dominant theory that (...) has similar aims, put forth by well-known philosopher Robert Kane. -/- Many philosophers contend that event-causal libertarians have no advantage over compatibilists when it comes to securing a distinctively valuable kind of freedom and responsibility. To Franklin, this position is mistaken. Assuming agency reductionism is true, event-causal libertarians need only adopt the most plausible compatibilist theory and add indeterminism at the proper juncture in the genesis of human action. The result is minimal event-causal libertarianism: a model of free will with the metaphysical simplicity of compatibilism and the intuitive power of libertarianism. And yet a worry remains: toward the end of the book, Franklin reconsiders his assumption of agency reductionism, arguing that this picture faces a hitherto unsolved problem. This problem, however, has nothing to do with indeterminism or determinism, or even libertarianism or compatibilism, but with how to understand the nature of the self and its role in the genesis of action. Crucially, if this problem proves unsolvable, then not only is event-causal libertarianism untenable, so also is event-causal compatibilism. (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 defend a version of left-libertarianism, and discuss some of its implications for global justice (and economic justice among nations in particular). Like the better known right-libertarianism, left-libertarianism holds that agents own themselves. Unlike right-libertarianism, left-libertarianism holds that natural resources (land, oil, air, etc.) are owned in some egalitarian sense and can be legitimately appropriated by individuals or groups only when the appropriations are compatible with the specified form of egalitarian ownership. We defend the thesis (...) of self-ownership on the grounds that it is required to protect individuals adequately from interference in their lives by others. We then defend a particular conception of egalitarian ownership of natural resources according to which those who appropriate unappropriated natural resources must pay competitive rent (determined by supply and demand) for the rights that they have claimed. We then go on to apply the principles to issues of global justice. We defend the view that countries owe payments to a global fund for the value of unimproved natural resources that they have appropriated, and that this fund is to be divided on some egalitarian basis among the citizens of the world. We.. (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.

Michael Otsuka sets out to vindicate left-libertarianism, a political philosophy which combines stringent rights of control over one's own mind, body, and life with egalitarian rights of ownership of the world. Otsuka reclaims the ideas of John Locke from the libertarian Right, and shows how his Second Treatise of Government provides the theoretical foundations for a left-libertarianism which is both more libertarian and more egalitarian than the Kantian liberal theories of John Rawls and Thomas Nagel. Otsuka's libertarianism (...) is founded on a right of self-ownership. Here he is at one with 'right-wing' libertarians, such as Robert Nozick, in endorsing the highly anti-paternalistic and anti-moralistic implications of this right. But he parts company with these libertarians in so far as he argues that such a right is compatible with a fully egalitarian principle of equal opportunity for welfare. In embracing this principle, his own version of left-libertarianism is more strongly egalitarian than others which are currently well known. Otsuka argues that an account of legitimate political authority based upon the free consent of each is strengthened by the adoption of such an egalitarian principle. He defends a pluralistic, decentralized ideal of political society as a confederation of voluntary associations. Part I of Libertarianism without Inequality concerns the natural rights of property in oneself and the world. Part II considers the natural rights of punishment and self-defence that form the basis for the government's authority to legislate and punish. Part III explores the nature and limits of the powers of governments which are created by the consensual transfer of the natural rights of the governed. Libertarianism without Inequality is a book which everyone interested in political theory should read. (shrink)

There is a need to develop libertarian responses to writings on race, gender, and sexual orientation. Offering such responses not only demonstrates to potential opponents of libertarian reform that libertarianism can seriously address these issues: libertarian responses can also help us confront forms of “private” oppression that are not per se un-libertarian, but which support state oppression. Drawing on thinkers such as Murray Rothbard, Roderick Long, Charles Johnson, Gene Sharp, Wendy McElroy, and bell hooks, this paper establishes historical links (...) between the intellectual traditions of feminism, nonviolent action, and libertarianism, and explores what a nonviolent, libertarian resistance to patriarchy might look like. By demonstrating the analogies between Sharp’s and Rothbard’s theories of political power and hooks’ theory of patriarchy, this paper shows that Sharp’s techniques for resistance to state tyranny can be adapted for use against patriarchal oppression. (shrink)

3 LIBERTARIANISM Now that we have discussed determinism and laws of nature, let us finally turn to libertarianism. Traditionally, libertarianism has been viewed as an incompatibilist theory of free will, as it requires the existence of real ...

In this paper I criticize libertarianism and skepticism about free will. The criticism of libertarianism takes some steps towards filling in an argument that is often mentioned but seldom developed in any detail, the argument that libertarianism is a scientifically implausible view. I say "take some steps" because I think the considerations I muster (at most) favor a less ambitious relative of that argument. The less ambitious claim I hope to motivate is that there is little reason (...) to believe that extant libertarian accounts satisfy a standard of naturalistic plausibility, even if they do satisfy a standard of naturalistic compatibility. The argument against skepticism about free will tries to show (1) perhaps the most prominent form of skeptical argument against the existence of free will does not work, and (2) there is a good general argument against skepticism about free will. (shrink)

Libertarianism and the shareholder model of corporate responsibility have long been thought of as natural bedfellows. In a recent contribution to the Journal of Business Ethics, Brian Schaefer goes so far as to suggest that a proponent of shareholder theory cannot coherendy and consistently embrace any moral position other than philosophical libertarianism. The view that managers have a fiduciary obligation to advance the interests of shareholders exclusively is depicted as fundamentally incompatible with the acknowledgement of natural positive duties (...) – duties to aid others that have not been acquired by some prior commitment or transaction. I argue that Schaefer is mistaken. Positive duties are incompatible with the shareholder model only if we must contribute to their fulfilment in the corporate context; only if we have some reason to think that it is not possible or not permissible to discharge these obligations entirely in our private lives or through our various other roles and capacities. But we have no good reason to accept this. I argue that individuals are presumptively free to decide how and when to discharge their positive duties, and that buying shares does not cause this presumption to lapse. Hence a non-libertarian moral theory can be held without incoherence by a proponent of the shareholder model. (shrink)

Michael Otsuka sets out to vindicate left-libertarianism, a political philosophy which combines stringent rights of control over one's own mind, body, and life with egalitarian rights of ownership of the world. Otsuka reclaims the ideas of John Locke from the libertarian Right, and shows how his Second Treatise of Government provides the theoretical foundations for a left-libertarianism which is both more libertarian and more egalitarian than the Kantian liberal theories of John Rawls and Thomas Nagel. Otsuka's libertarianism (...) is founded on a right of self-ownership. Here he is at one with 'right-wing' libertarians, such as Robert Nozick, in endorsing the highly anti-paternalistic and anti-moralistic implications of this right. But he parts company with these libertarians in so far as he argues that such a right is compatible with a fully egalitarian principle of equal opportunity for welfare. In embracing this principle, his own version of left-libertarianism is more strongly egalitarian than others which are currently well known. Otsuka argues that an account of legitimate political authority based upon the free consent of each is strengthened by the adoption of such an egalitarian principle. He defends a pluralistic, decentralized ideal of political society as a confederation of voluntary associations. Part I of Libertarianism without Inequality concerns the natural rights of property in oneself and the world. Part II considers the natural rights of punishment and self-defence that form the basis for the government's authority to legislate and punish. Part III explores the nature and limits of the powers of governments which are created by the consensual transfer of the natural rights of the governed. Libertarianism without Inequality is a book which everyone interested in political theory should read. (shrink)

This article critically examines recent work on free will and moral responsibility by Randolph Clarke, Robert Kane, and Timothy O’Connor in an attempt to clarify issues about control and luck that are central to the debate between libertarians (agent causationists and others) and their critics. It is argued that luck poses an as yet unresolved problem for libertarians.

This paper examines libertarian accounts that appeal to event causation but avoid appeal to agent causation. Such views are modest in their metaphysical commitments and may be modest, as well, in what they promise. It is argued that an action-centered version should be preferred; on such a view, indeterminism is required in the direct production of decision or other action. Although a view of this kind does not improve on compatibilist accounts when it comes to moral responsibility, they may be (...) preferable in other respects. (shrink)

Libertarians often emphasize courts’ potential to alleviate pollution problems without the need for legislation and regulation. However, this chapter argues courts cannot completely replace these other tools. Because of the historical conditions in which pollution law develops, we should expect courts in industrial societies to initially develop legal standards that deliver limited protection against many common pollution threats. As societies grow wealthier and citizens begin favoring stricter defenses against pollution, courts honoring longstanding precedents will struggle to keep pace with changing (...) priorities. Because legislators and regulators are authorized to create and alter laws deliberately in a way judges are not, they can perform an essential function by updating legal standards amidst changing circumstances. Libertarianism stands the best chance of addressing the challenges pollution creates by allowing each branch of the liberal division of powers to perform its role, not by substituting the judiciary for all other branches. (shrink)

Many conservatives endorse a defence of closed borders grounded in basic liberal rights such as the basic right of association. Some conservatives also endorse libertarian principles of legitimacy. It is not clear though that this sort of defence of closed borders is somehow coherent with these libertarian ideals. I argue that conservative libertarians of this kind must reject this defence of closed borders because either it collapses into a form of statism incoherent with libertarian principles of legitimacy, or into an (...) ideal precept without appeal regarding reality in the here and now that could only be applied to changing the very nature of the societies we know. As a result, at least conservative libertarians need to find a different source of justification for closed borders. (shrink)

Left-libertarian theories of justice hold that agents are full self-owners and that natural resources are owned in some egalitarian manner. Unlike most versions of egalitarianism, leftlibertarianism endorses full self-ownership, and thus places specific limits on what others may do to one’s person without one’s permission. Unlike the more familiar right-libertarianism (which also endorses full self-ownership), it holds that natural resources—resources which are not the results of anyone's choices and which are necessary for any form of activity—may be privately appropriated (...) only with the permission of, or with a significant payment to, the members of society. Like right-libertarianism, left-libertarianism holds that the basic rights of individuals are ownership rights. Such rights can endow agents—as liberalism requires—with spheres of personal liberty where they may each pursue their conceptions of “the good life”. Left-libertarianism is promising because it coherently underwrites both some demands of material equality and some limits on the permissible means of promoting this equality. It is promising, that is, because it is a form of liberal egalitarianism. Left-libertarian theories have been propounded for over two centuries. Early exponents of some form of self-ownership combined with some form of egalitarian ownership of natural resources include: Hugo Grotius (1625), Samuel Pufendorf (1672), John Locke (1690), William Ogilvie (1781), Thomas Spence (1793), Thomas Paine (1795), Hippolyte de Colins (1835), François Huet (1853), Patrick E. Dove (1850, 1854), Herbert Spencer (1851), Henry George (1879, 1892), and Léon Walras (1896).1 It is striking how much of the current debate about equality, liberty, and responsibility has already been addressed by these authors. (shrink)

The two purposes of this essay. The general philosophical problem with most versions of social libertarianism and how this essay will proceed. The specific problem with liberty explained by a thought-experiment. The positive and abstract theory of interpersonal liberty-in-itself as ‘the absence of interpersonal initiated constraints on want-satisfaction’, for short ‘no initiated impositions’. The individualistic liberty-maximisation theory solves the problems of clashes, defences, and rectifications without entailing interpersonal utility comparisons or libertarian consequentialism. The practical implications of instantiating liberty: three (...) rules of liberty-in-practice, 1) initial ultimate control of one’s body, 2) initial ultimate control of one’s used resources, 3) consensual interpersonal interactions and resource transfers. These rules are economically efficient and maximise general want-satisfaction. Private property and legal remedies are additional practical institutional aspects, but to which ‘initiated impositions’ then apply prima facie. Libertarian law is often mistaken for complete libertarianism. Moral explanations are a separate issue. The three main moral theories imply libertarianism, but it can be morally posited independently of them. Critical rationalism and its application. No empirical or argumentative support for theories. An important ambiguity with ‘justification’. How the epistemology applies to the theory of liberty and its application but remains separable in principle. Conclusion: there are further published explanations but this should be enough to generate useful criticism. Appendix replying to some typical comments. (shrink)

In “Evictionism and Libertarianism,” published in this journal, Walter Block defends the view that, although the fetus is a human being with all the rights to its body, it may nonetheless be evicted from the woman’s body as a trespasser, provided the pregnancy is unwanted. We argue that this view is untenable: the statement that the unwanted fetus is a trespasser does not follow from the premises that the fetus uninvitedly resides in the woman’s body and that the woman (...) is a full self-owner. For this statement to follow, one more statement would have to be true; namely, the woman would have to hold her self-ownership rights specifically against the fetus, and for this to be the case, the fetus would have to have a correlative duty to the woman to abstain from interfering with her body. This statement, however, is false. (shrink)

This chapter contains sections titled: Justice Libertarianism Full Self‐Ownership Freedom: Liberty and Security Natural Resources: Liberty Rights to Use and Moral Powers to Appropriate Notes References.

Traditional libertarians about freedom of choice and action and about moral responsibility are hard-line incompatibilists. They claim that these freedoms (which they believe to be possessed by at least some human beings) are incompatible with determinism, and they take the same view of moral responsibility. I call them hard libertarians. A softer line is available to theorists who have libertarian sympathies. A theorist may leave it open that freedom of choice and action and moral responsibility are compatible with determinism but (...) may maintain that the falsity of determinism is required for more desirable species of these freedoms and for a more desirable brand of moral responsibility. This is a soft=-libertarian line. Soft libertarians would be disappointed to discover that determinism is true, but they would not conclude that no one has ever acted or chosen freely and that no one has ever been morally responsible for anything.1 In principle, a soft libertarian may or may not treat the desirability at issue in a way that relativizes it to individuals. The brand of soft libertarianism to be explored here is relativistic: it maintains that at least some human agents are possessed of kinds of freedom and moral responsibility that are incompatible with determinism and are reasonably preferred by at least some of these agents to any kind of freedom or moral responsibility that is consistent with the truth of determinism. (shrink)

The so-called Mind argument aims at the conclusion that agents act freely only if determinism is true. The soundness of this argument entails the falsity of libertarianism, the two-part thesis that agents act freely, and free action and determinism are incompatible. In this paper, I offer a new formulation of the Mind argument. I argue that it is true by definition that if an agent acts freely, either (i) nothing nomologically grounds an agent’s acting freely, or (ii) the consequence (...) argument for incompatibilism is unsound. I define the notion of nomological grounding, and argue that unless an agent’s acting freely is nomologically grounded, unacceptable consequences follow. I then argue that if agents act freely and the consequence argument is sound, a vicious regress ensues. I conclude by considering the libertarian’s dialectical options. (shrink)

In this paper I investigate the libertarian account of immigration. In the first section I distinguish between right-libertarianism and left-libertarianism. In the second section I analyze the arguments focused on immigration from the perspective of self-ownership focused on Nozick’s case and Steiner’s analogy. In the third section I discuss the conflict between the collective consent on the issue of immigration and the individuals’ decision. The conclusion sets the libertarian framework as being flawed in its argumentation on the issue (...) of immigration because it fails to provide strong arguments about the fact that the individuals are free to choose to open or close the borders. (shrink)