: I take issue with the view that libertarian theory does not imply any particular stand on abortion. Liberty is the absence of interference with people’s wills—interests, wishes, and desires. Only entities that have such are eligible for the direct rights of libertarian theory. Foetuses do not; and if aborted, there is then no future person whose ….

: Libertarian Quandaries is a slim volume of tight reasoning that makes a resolute case for libertarianism. Libertarianism is “the social philosophy that identifies individual liberty as the most fundamental social value, and by extension treats moral cooperation as the only morally permissible form of social interaction.” More specifically, the book is a compendium of concise rebuttals to ….

We are happy to announce that Libertarian Papers has been chosen for inclusion in the web archives of the Library of Congress. This means that, once archived, the complete journal will be available indefinitely both to researchers at Library facilities and by special arrangement. Of course, because Libertarian Papers uses an open-access format, the use of ….

As readers of Libertarian Papers know, all LP articles are published free and in PDF and in the original Word source file. We use the Creative Commons Attribution 3.0 License so people are free to do what they want with our articles–reprint them, incorporate them into new works, include them as chapters in books–just grab [...].

As noted previously, Libertarian Papers articles will occasionally be collected into Parts (like issues) and offered for sale in print versions and epub versions on the major epub retailers (see Libertarian Papers, Vols. 1 and 2, Now Available in Print and Ebook). The first two volumes have already been published this way; ebook versions for [...].

Please feel free to send me nominations for the best LP article from 2010. Alford Prize Awarded for Best Libertarian Article in 2009 The O.P. Alford III Prize in Libertarian Scholarship is a $1000 prize awarded by the Mises Institute each year for the the article published in the preceding volume of Libertarian Papers that [...].

I was informed recently that Libertarian Papers has received a quite good ranking from the Australian Research Council’s Excellence in Research for Australia , an Australian Government body that deals with academic matters, provides systematic evaluation of a large number of scholarly journals in different disciplines and generates a database and a variety of reports ….

I am seeking volunteer referees to review 7 draft articles submitted to Libertarian Papers. I list the titles and Abstracts of a few of them below. If you are potentially interested in reviewing any of these, or if you have any particular referee suggestions for any of them, please contact me. I’d be happy to [...].

Libertarian Papers is delighted to welcome Jakub Wiśniewski to our editorial board. Jakub Bożydar Wiśniewski is a four-time summer fellow at the Ludwig von Mises Institute, a three-time fellow at the Institute for Humane Studies, an affiliated lecturer with the Polish-American Leadership Academy, and an affiliated lecturer and a member of the Board of Trustees of the Ludwig von Mises ….

We are happy to announce that Volume 8 of Libertarian Papers is now available in a print edition. This volume contains all Libertarian Papers articles for 2016, including contributions by scholars like Jan Narveson, Billy Christmas, Peter Lewin, Ryan Murphy, Aiden P. Gregg, and many others. It also covers a wide range of the most pressing and controversial topics in ….

Libertarian free will is, roughly, the view that agents cause actions to occur or not occur: Maddy’s decision to get a beer causes her to get up off her comfortable couch to get a beer, though she almost chose not to get up. Libertarian free will notoriously faces the luck objection, according to which agential states do not determine whether an action occurs or not, so it is beyond the control of the agent, hence lucky, whether an action (...) occurs or not: Maddy’s reasons for getting beer in equipoise with her reasons to remain in her comfortable seat do not determine that she will get up or stay seated, so it seems beyond her control, hence lucky, that she gets up. In this paper I consider a sub-set of the luck objection called the Physical Indeterminism Luck Objection, according to which indeterministic physical processes cause actions to occur or not, and agent’s lack control over these indeterministic physical processes, so agent’s lack control over, hence it is lucky, whether action occurs or not. After motivating the physical indeterminism luck objection, I consider responses from three recent event-causal libertarian models, and conclude that they fail to overcome the problem, though one promising avenue is opened up. (shrink)

Libertarian paternalism is a weak form of paternalism that recommends nudges rather than bans, restrictions, or other strong interventions. Nudges influence people’s choice by modifying contextual factors (the “choice architecture”). This paper explores the possibility of an epistemic analogue of libertarian paternalism. What I call “epistemic libertarian paternalism” is a weak form of epistemic paternalism that recommends “epistemic nudges” rather than stronger paternalistic interventions. Epistemic nudges influence people’s beliefs and judgments by modifying contextual factors (the “epistemic choice architecture”). (...) The main aim of this paper is to defend epistemic libertarian paternalism from the “irrationality problem”, which I take to be the most urgent problem for epistemic libertarian paternalism; given how epistemic nudges work (i.e. they typically co-opt psychological biases), nudged beliefs are irrational. In response to the irrationality problem, I admit that nudged beliefs are often (not always, though) irrational, but insist that there are conditions in which epistemic nudging can be justifiable nonetheless. I will propose two conditions that are jointly sufficient for justifiable epistemic nudging: “Veridicality Condition” (which says that nudged beliefs are more likely to be true than non-nudged beliefs) and “Not-More-Irrationality Condition” (which says that nudged beliefs are not more likely to be irrational than non-nudged beliefs). (shrink)

My students sometimes worry that if eternalism is true then they can’t have libertarian freedom. They aren’t alone, as this sentiment is also expressed, albeit typically briefly, by various philosophers. However, somewhat surprisingly, those working within the free will literature have largely had nothing to say about libertarianism’s relationship to time, with this also being similar in the case of those working in the philosophy of time, apart from some work which has mainly focused on nonlibertarian views of freedom. (...) In this short paper I note why I’m currently unconvinced that there’s an incompatibility between eternalism and libertarianism, and in doing so one will see why I think they are compatible. (shrink)

This paper argues that mandatory, government-enforced vaccination can be justified even within a libertarian political framework. If so, this implies that the case for mandatory vaccination is very strong indeed as it can be justified even within a framework that, at first glance, loads the philosophical dice against that conclusion. I argue that people who refuse vaccinations violate the ‘clean hands principle’, a moral principle that prohibits people from participating in the collective imposition of unjust harm or risk of (...) harm. In a libertarian framework, individuals may be forced to accept certain vaccines not because they have an enforceable duty to serve the common, and not because cost–benefit analysis recommends it, but because anti-vaxxers are wrongfully imposing undue harm upon others. (shrink)

This paper argues that mandatory, government-enforced vaccination can be justified even within a libertarian political framework. If so, this implies that the case for mandatory vaccination is very strong indeed as it can be justified even within a framework that, at first glance, loads the philosophical dice against that conclusion. I argue that people who refuse vaccinations violate the ‘clean hands principle’, a moral principle that prohibits people from participating in the collective imposition of unjust harm or risk of (...) harm. In a libertarian framework, individuals may be forced to accept certain vaccines not because they have an enforceable duty to serve the common, and not because cost–benefit analysis recommends it, but because anti-vaxxers are wrongfully imposing undue harm upon others. (shrink)

Libertarian free will is, roughly, the view that the same agential states can cause different possible actions. Nonreductive physicalism is, roughly, the view that mental states cause actions to occur, while these actions also have sufficient physical causes. Though libertarian free will and nonreductive physicalism have overlapping subject matter, and while libertarian free will is currently trending at the same time as nonreductive physicalism is a dominant metaphysical posture, there are few sustained expositions of a nonreductive physicalist (...) model of libertarian free will – indeed some tell against such an admixture. This paper concocts such a blend by articulating and defending, with some caveats, a nonreductive physicalist model of libertarian free will. (shrink)

We receive a variety of submissions on various topics of libertarian scholarship, such as philosophy, economics, legal theory, political science, history, and social/cultural analysis. If you are interested in serving as an occasional referee, please contact me privately at [email protected].

Catholics and libertarians make strange bedfellows. They sharply disagree on many issues. However, when it comes to intellectual property rights, they are surprisingly congruent, albeit for different reasons. The present paper traces out the agreement on patents between these two very different philosophies.

Twice in the _Journal of Business Ethics_, Walter Block provides a libertarian argument that The Civil Rights Act of 1964 is unjust because it is a violation of a business’s property rights and therefore ought to be repealed. No libertarian reply to Block has ever been given, creating the mistaken impression that his argument is the true representation of libertarian theory with regards to civil rights. This paper focuses on Title II and argues that both Block, and (...) this prevailing opinion of libertarian theory, are wrong. There are different types of libertarian theory. Block’s theory of natural rights is one of them, but there is another strain of libertarian thought that embraces the common law, at least as it existed up until the late 1800’s. This paper explicates a libertarian argument, based on the common law, which supports and defends Title II of the 1964 Civil Rights Act. Specifically, the evolution of contracts via assumpsit arguments, found in Blackstone’s _Commentaries,_ endogenously and consistently gives rise to the obligation to serve all. Title II of the 1964 Civil Rights Act is consistent with this common law tradition on public accommodations. Libertarian arguments that accept the common law on contracts ought also to accept common law doctrine on public accommodations and, _perforce_, the justness of Title II. (shrink)

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)

The purpose of the presented paper is to showcase the links between Hans-Hermann Hoppe’s libertarian argumentation ethics and Karl-Otto Apel’s transcendental pragmatics with a special reference to the consensus theory of truth proposed by the latter thinker. More specifically, the author contends that Hoppe’s theory is logically contingent on Apel’s views on truth in that some crucial gaps in Hoppe’s grounding of the so-called “a priori of communication and argumentation” are filled by Apel’s original arguments. Additionally, the paper provides (...) a case for interpreting Hoppe's ethics as a theory of rational conflict-freedom, which seems to cohere best with the transcendental-pragmatist approach. Finally, the author offers a few remarks on how the most common objections against Hoppe's theory can be overcome on the basis of the transcendental pragmatics and the conflict-freedom principle. (shrink)

In this paper, I present an argument that shows that the belief in libertarian freedom is inconsistent with two assumptions widely accepted by those who are physicalists with regard to the relation between the mental and the physical - that mental properties are distinct from physical properties, and that mental properties supervene on physical properties. After presenting the argument, I trace its implications for the question of the compatibility of libertarian free will and physicalism in general.

In a number of recent publications, Cass Sunstein and Richard Thaler have argued for a novel approach to the design of public policy. Their proposal has received a great deal of attention, both within academic circles and the public at large. Drawing upon evidence from behavioral economics and empirical psychology, the authors attempt to demonstrate that the conventional antagonism between libertarians and paternalists within political theory dissolves in conditions that obtain widely in public decision-making. Where free choice and the promotion (...) of individual welfare can coexist, the authors believe that designers of public policy ought to be libertarian paternalists. -/- In this paper I criticize their proposal on grounds that the authors are unable to sufficiently motivate the paternalistic element of their approach. I argue that the empirical evidence cited by the authors is capable of supporting a number of competing approaches, including what I call libertarian utilitarianism and libertarian justice. Since the evidence that the authors draw upon does not provide us any grounds for selecting between these rival approaches, I conclude that Sunstein and Thaler are unable to provide us with a convincing guide for the design of public policy. In order to show that this is the case, I consider three arguments in favor of libertarian paternalism, and find each lacking. I end with some comments about what we can properly conclude on the basis of Sunstein and Thaler’s arguments. (shrink)

Libertarian Papers is pleased to announce that Matthew McCaffrey has agreed to serve as the journal’s Editor. A PhD candidate at the University of Angers, Mises Institute fellow, and winner of the 2010 Lawrence W. Fertig Prize in Austrian Economics, Matt previously served as the journal’s Managing Editor. He may be reached here. Stephan Kinsella [...].

Libertarian Papers has in the past produced print archives (paper versions) of its articles. Our last volunteer, Gil Guillory, had to quit so we have a need for some volunteer assistance help assemble Vol. 1, Part 3, and two or three parts for Vol. 2. Ideally I’d like it kindle formatted and also a PDF [...].

This article offers a libertarian re-examination of Brazilian political history focusing mainly on the first few decades of the 19th century. The article finds two main tendencies lurking behind the various political parties and labels of the time: one, associated mainly with the Conservative Party, leaned dangerously away from the individual liberties advocated by classical liberalism and instead more toward authoritarian forms of government. The other, associated mainly with the Liberal Party, was more libertarian in nature. This article (...) also concludes that other examinations of these budding political parties fall short by overlooking a potentially authoritarian state underlying the Conservative project that dominated politics in Brazil at the time. (shrink)

As the use of nudges by governmental agencies becomes more common, the need for normative guidelines regarding the processes by which decisions about the implementation of specific nudges are taken becomes more acute. In order to find a justified set of such guidelines one must meet several theoretical challenges to Libertarian Paternalism that arise at the foundational level. In this paper, I identify three central challenges to Libertarian Paternalism, and suggest that Susan Hurley's political philosophy as presented in (...) her Natural Reasons (1989) can be viewed as offering powerful responses to them. (shrink)

If we have libertarian free will, then it is plausible to believe that the occurrences of certain physical events have irreducible and ineliminable mental explanations. According to a strong version of naturalism, everything in the physical world is in principle explicable in nonmental terms. Therefore, the truth of naturalism implies that libertarian choices cannot explain the occurrences of any physical events. In this paper, I example a methodological argument for the truth of naturalism and conclude that the argument (...) fails. I then consider additional concerns raised against the reality of libertarian freedom. First, I examine the claim that if a physical event E is not causally determined to occur by another physical event, then there is no way to account for the difference between E’s occurring randomly and E’s being causally determined to occur by a mental event. Second, I consider the assertion that the affirmation of libertarianism is a mind-of-the-gaps version of the God-of-the-gaps objection to a divine explanation of a physical event. Third, I take up the question of whether the inability of libertarians to pinpoint precisely where the initial physical effects of libertarian choices occur is a good reason for rejecting libertarianism. Fourth, I examine the claim that belief in the existence of the soul or immaterial mind is the result of an explanatory hypothesis to account for how libertarian free choices can causally produce physical effects. Fifth, I look at the traditional objection to substance dualism from the impossibility of causal interaction between a soul and its body. (shrink)

I argue that libertarian paternalism is in fact paternalism, or hard paternalism, rather than a form of soft paternalism. I do so on the basis of an analysis of the paternalist act according to which the paternalist act needn’t violate the will of the agent who is the target of that act and the paternalist actor need only suspect that her action may improve the welfare of that target. The paper considers and rejects interpretations of libertarian paternalism as (...) soft paternalism. I then provide an outline as to how libertarian paternalism may be reformed in light of the finding that current libertarian paternalism is hard paternalism. The proposal is to require that the enactment of libertarian paternalist policies be conditional on opinion polling indicating support for those policies from the agents they target. (shrink)

Libertarian paternalism is often considered as an oxymoron that uses the means of libertarianism to meet the ends of paternalism. It is considered as paternalistic as it covertly transforms into a paternalistic apparatus through the endorsement of the choices the State/authority wants people to make. It is argued that since libertarian paternalism invokes incentives which works differently than coercion, this paper and various other scholars reiterate and respond by arguing that the mere replacement of coercion with incentives does (...) not make libertarian paternalism less paternalistic. A libertarian paternal State exploits the malleability of men to mould their behaviour according to the propositions of the ruling class which the rulers often assert to be in the best interests of the masses. In this article, Orwell‟s Animal Farm, would be used as an analogy to unpack and conceptually analyse the ethical implications of libertarian paternalism. (shrink)

Libertarian self-ownership views have traditionally maintained that we enjoy very powerful deontological protections against any infringement upon our property. This stringency yields very counter-intuitive results when we consider trivial infringements such as very mildly toxic pollution or trivial risks such having planes fly overhead. Maintaining that other people's rights against all infringements are very powerful threatens to undermine our liberty, as Nozick saw. In this paper I consider the most sophisticated attempts to rectify this problem within a libertarian (...) self-ownership framework. I argue that all of these responses are significantly flawed. (shrink)

Socialists believe that equality, community, and economic democracy can only be achieved by a system of joint ownership in the means of production. These property rights do not, as such, pass judgment as to what rights individuals have to their own person. Libertarians believe that individual liberty and autonomy are only coextensive with a set of stringent rights to the person and its powers. These property rights do not, as such, pass judgment as to what rights individuals have to the (...) external world. Bringing libertarianism and socialism together is therefore, in principle, possible. This paper takes this further step, by sketching a constituiton that reconciles individual autonomy with radical equality of condition. To those libertarians drawn to socialist values (such as the pioneers of nineteenth-century anarchism), the paper offers a reconciliation that is arguably more true to these values than left-libertarianism. To those socialists drawn to libertarian values, it offers an alternative to left-libertarianism that avoids the pitfalls of statism. (shrink)

The first purpose of this article is to present a new theory of libertarian free will—the boundary theory of libertarian free will—which provides a new framework by means of employing boundaries as a “conceptual scheme” for understanding libertarian free will. This theory consists of two parts. One part suggests that the agent’s will should be viewed as the intermediate boundary between an agent’s reasons and his alternative choices. The second part is a model where the agent’s will (...) is a faculty that solely operates by permitting or resisting reasons (that are potential causes) to become actual causes for the agent’s choices. The second purpose of the paper is to argue that the boundary theory of libertarian free will has several advantages, the most important of which are: (a) it defeats the charge that libertarian free will is a mystery; (b) it defeats the standard objections against the compatibility of libertarian free will and indeterminism (that is, the luck argument, the roll-back argument, the difference argument, the assimilation argument, etc.); and (c) it is simultaneously an argument for indeterminism as such (that is, that determinism is false). (shrink)

Libertarians about free will sometimes argue for their position on the grounds that our phenomenology of action is such that determinism would need to be false for it to be veridical. Many, however, have thought that it would be impossible for us to have an experience that is in contradiction with determinism, since this would require us to have perceptual experience of metaphysical facts. In this paper I show how the libertarian claim is possible. In particular, if experience depicts (...) the world such that there is more than one physically possible future, then determinism would need to be false for that experience to be veridical. I show that we have experiences, or perceptual episodes, of this kind on the basis of recent work in the study of perception. Theorists in this area have argued that we have vision-for-action, and that what we visually perceive are not just objects but also possibilities for action. If we experience that it is possible that we ϕ, then we also experience that it is possible that we not ϕ. Furthermore, we probably experience more than one possibility for action at any one moment. I argue that these are physical possibilities, and therefore that we experience the world such that there is more than one physically possible future. So the libertarian claim about the semantics of agential phenomenology is highly plausible, even if this does not entail libertarianism. (shrink)

Libertarians make indeterminism a requirement of free will. But many argue that indeterminism is destructive of free will because it reduces an agent’s control. This paper argues that such concerns are misguided. Indeterminism, at least as it is located by plausible Libertarian views, poses no threat to an agent’s control, nor does it pose any other kind of threat.

This paper suggests that libertarians should avail themselves of a system of natural and autonomy-friendly motivational foundations—intrinsic motives. A psyche equipped with intrinsic motives could allow for some degree of character-formation that is genuinely and robustly autonomous. Such autonomy would rest on motives that are one’s own in the most direct way: they are part of one’s natural make-up. A model with intrinsic motives can help libertarians in multiple ways: to deal with skeptics regarding the very idea of robust self-making; (...) to explain the importance of autonomy (it helps explain how the agent can set her dominant life-goals on the basis of her own motives); to explain why an artificially induced, albeit rational, autonomy is less than genuine (it would not rely on the agent’s own motives). (shrink)

The O.P. Alford III Prize in Libertarian Scholarship is a $1000 prize awarded by the Mises Institute each year for the the article published in the preceding volume of Libertarian Papers that best advances libertarian scholarship, as chosen by the journal’s Editor and Editorial Board. There were forty-five articles were published in Libertarian Papers in [...].

This paper argues that libertarian political philosophers, including Robert Nozick, have erred in neglecting the problem of political obligation and that they ought to embrace an actual consent theory of political obligation and state legitimacy. It argues as well that if they followed this recommendation, their position on the subject would be correct. I identify the tension in libertarian (and especially Nozick's) thought between its minimalist and its consensualist strains and argue that, on libertarianism's own terms, the consensualist (...) strain ought to prevail. I then describe the form of the consent theory that I recommend to libertarians. The paper concludes with an extended defense of this form of consent theory against contemporary liberal-egalitarian criticisms of it (both explicit and implicit), including those of Dworkin, Rawls, and their followers. Footnotesa Earlier versions of this essay were presented at the University of Michigan, Virginia Commonwealth University, and Brown University. For their lively discussions and helpful suggestions for the improvement of this essay, I am grateful to those audiences and to my fellow contributors to this volume. And for their careful reading and comments, I thank the editors of Social Philosophy and Policy. (shrink)

The present paper attempts to forge a compromise between those who maintain that stem cell research is out-and-out murder of young helpless human beings and those who favor this practice. The compromise is predicated upon the libertarian theory of private property rights. Starting out with the premise that not only the fetus but even the fertilized egg is a human being, with all rights thereto, it offers a competition between those who fertilize eggs for research and those who wish (...) to adopt them. If and only if the former win this competition will they be allowed to use these very young human beings for the purposes they have constructed them. This is justified on grounds of avoiding child abuse. (shrink)

Cass Sunstein and Richard Thaler have been arguing for what they named libertarian paternalism (henceforth LP). Their proposal generated extensive debate as to how and whether LP might lead down a full-blown paternalistic slippery slope. LP has the indubitable merit of having hardwired the best of the empirical psychological and sociological evidence into public and private policy making. It is unclear, though, to what extent the implementation of policies so constructed could enhance the capability for the exercise of an (...) autonomous citizenship. Sunstein and Thaler submit it that in most of the cases in which one is confronted with a set of choices, some default option must be picked out. In those cases whoever devises the features of the set of options ought to rank them according to the moral principle of non-maleficence and possibly to that of beneficence. In this paper we argue that LP can be better implemented if there is a preliminary deliberative debate among the stakeholders that elicits their preferences, and makes it possible to rationally defend them. (shrink)

Maloberti, in “Why Libertarians Should Accept Positive Rights” argues that, as normally presented, libertarianism entails anarchism. He argues that libertarians should, therefore, accept a limited form of positive rights, which will allow for the creation of a libertarian government. In this paper, it is argued that the entailment of anarchism is not a problem for libertarianism, and that the form of positive rights endorsed by Maloberti is unfounded, ill-defined, and inconsistent with libertarian notions of individual freedom. It is (...) further argued that Maloberti’s positive rights, as defined in his paper, cannot withstand the analysis prompted by Austrian value theory. (shrink)

Matt Zwolinski argues that libertarians “should see the Basic Income Guarantee (BIG)—a guarantee that all members will receive income regardless of why they need it—as an essential part of an ideally just libertarian system.” He regards the satisfaction of a Lockean proviso—a stipulation that individuals may not be rendered relevantly worse off by the uses and appropriations of private property—as a necessary condition for a private property system’s being just. BIG is to be justified precisely because it prevents proviso (...) violations. We deem Zwolinski’s argument a “Direct Proviso-Based Argument” for BIG. We argue that because this sort of argument for the BIG is in tension with other principles libertarians within the Lockean tradition hold dear, specifically prohibitions on seizing legitimately held property and forcing individuals to labor, the Direct Proviso-Based Argument fails. (shrink)

My Mises Daily article “Libertarian Controversies” ran today, discussing my upcoming Mises Academy course, Libertarian Controversies, which some Libertarian Papers readers may find of interest.

In this paper we assume the contours of the libertarian philosophy, its view toward the unjustified state, and, also, the punishment theory of this perspective. We address the narrow question of what punishment is justified for partaking in statist activities.

Joseph Newhard (2017) argues that a libertarian anarchist society would be at a serious military disadvantage if it extended the nonaggression principle to include potential foreign invaders. He goes so far as to recommend cultivating the ability to launch a nuclear attack on foreign cities. In contrast, I argue that the free society would derive its strength from a total commitment to property rights and the protection of innocent life. Both theory and history suggest that a free society would (...) be capable of defending itself, and indeed that it would probably use other means to avoid military conflict altogether. (shrink)

After setting out in part 1 Scotus's libertarian account of the will, I shall discuss two of the most important implications Scotus understood his account to have. First, according to Scotus, the Thomist understanding of the will as intellective appetite is inadequate to provide a libertarian account of freedom. Scotus therefore rejects that understanding and offers an alternative moral psychology. In part 2 of the paper I therefore draw attention to the passages in which Scotus offers his reasons (...) for rejecting Aquinas's account in order to show that they arise directly out of the libertarian account of the will I stated in part 1. I then ask whether Scotus is in fact justified in supposing that Aquinas's conception of will is incompatible with freedom as Scotus understood it. In parts 3 and 4 of the paper I shall argue that he is, since Aquinas's conception of possibility at best allows him to make room for diachronic alternatives, whereas Scotus insists on synchronic alternatives. -/- The second implication of Scotus's libertarian understanding of freedom is his distinctive conception of choice and of rationality in action. In part 5 of the paper I explain this conception and show why Scotus associates it with a libertarian understanding of freedom. (shrink)

In a number of recent publications, Cass Sunstein and Richard Thaler have argued for a novel approach to the design of public policy. Their proposal has received a great deal of attention, both within academic circles and the public at large. Drawing upon evidence from behavioral economics and empirical psychology, the authors attempt to demonstrate that the conventional antagonism between libertarians and paternalists within political theory dissolves in conditions that obtain widely in public decision-making. Where free choice and the promotion (...) of individual welfare can coexist, the authors believe that designers of public policy ought to be libertarian paternalists. In this paper I criticize their proposal on grounds that the authors are unable to sufficiently motivate the paternalistic element of their approach. I argue that the empirical evidence cited by the authors is capable of supporting a number of competing approaches, including what I call libertarian utilitarianism and libertarian justice. Since the evidence that the authors draw upon does not provide us any grounds for selecting between these rival approaches, I conclude that Sunstein and Thaler are unable to provide us with a convincing guide for the design of public policy. In order to show that this is the case, I consider three arguments in favor of libertarian paternalism, and find each lacking. I end with some comments about what we can properly conclude on the basis of Sunstein and Thaler’s arguments. (shrink)

Robert Nozick’s oft-quoted review of Tom Regan’s The Case for Animal Rights levels a range of challenges to Regan’s philosophy. Many commentators have focussed on Nozick’s putative defence of speciesism, but this has led to them overlooking other aspects of the critique. In this paper, I draw attention to two. First is Nozick’s criticism of Regan’s political theory, which is best understood relative to Nozick’s libertarianism. Nozick’s challenge invites the possibility of a libertarian account of animal rights – which (...) is not as oxymoronic as it may first sound. Second is Nozick’s criticism of Regan’s axiological theory, which is best understood relative to Nozick’s own axiological inegalitarianism. While Nozick’s axiology has distasteful consequences, it should not be dismissed out-of-hand. Nozick’s challenges to Regan – and Nozick’s wider animal ethics – are rich and original, warranting attention from contemporary theorists for reasons beyond mere historical interest. (shrink)

In this paper I criticize a growing movement within public policy circles that self-identifies as neoliberal. The issue I take up here is the sense in which the neoliberal label signals a turn away from libertarian political philosophy. The are many import ant figures in this movement, but my focus here will be on Will Wilkinson of the Niskanen Center, not least because he has most prolifically written against libertarian political philosophy. Neoliberals oppose the idea that the rights (...) that libertarianism claims people have are useful guides for making the world a freer place because they forestall too much governmental/democratic political action that they purport to be necessary for increasing freedom. Wilkinson mistakenly takes libertarianism to be a set of ideal public policies for achieving a perfectly free society. If it were, he would be right to turn away from it. But placing rights to freedom at the center of their theory of justice does not commit libertarians to an all-or-nothing approach to political change. Consequences and strategy matter – particularly in a non-ideal world – without abandoning the idea that each individual has a right to freedom. In mistaking libertarian moral claims as a set of policy prescriptions, Wilkinson complains that idealistic policy prescriptions not only fail to take account of how those who disagree will respond to such policies if implemented, but also thereby undermines the justice of those policies in the first instance. Wilkinson proposes that change in the direction of freedom must go through the proper channels of actually-existing democratic legitimacy. It as this stage that Wilkinson’s project comes into direct conflict with libertarianism. Whilst libertarianism is not committed to any particular method of creating a free society under non-ideal conditions, and therefore does not rule out democratic political activism as one among many means of doing that, it cannot be committed to the permanence of democratic political authority, and this is what Wilkinson’s neoliberalism demands above all else. It turns out that Foucault’s characterization of neoliberalism long ago is still accurate to Wilkinson’s own view: that neoliberalism is not about creating a society of free individuals, it is about designing the state apparatus in ways that are inspired by the workings of free society – it is about legitimizing the chains, not breaking them. Neoliberalism is not a pragmatic alternative to libertarianism, but rather a gross misapplication of it. (shrink)

In a recent paper in this journal, Jason Brennan correctly notes that libertarians struggle to justify a policy of compulsory vaccination. The most straightforward argument that justifies compulsory vaccination is that such a policy promotes welfare. But libertarians cannot make this argument because they claim that the state is justified only in protecting negative rights, not in promoting welfare. I consider two representative libertarian attempts to justify compulsory vaccination, and I argue that such arguments are unsuccessful. They either fail (...) to show that the state is justified in implementing the policy or overgeneralise. I suggest that Brennan's solution is especially well motivated insofar as it addresses the shortcomings of these arguments. Brennan argues that we violate the rights of others by participating in an activity that imposes an unacceptable collective risk of harm. Going unvaccinated is an activity that imposes an unacceptable collective risk of harm, and thus amounts to a rights violation. So, the state can implement a policy of compulsory vaccination I object, however, that Brennan's delineation of acceptable and unacceptable risk implicitly rests on classical liberal rather than libertarian principles; he justifies compulsory vaccination on the grounds that it promotes welfare. I also object that Brennan's argument would entail significant departures from libertarian institutional arrangements. This leaves libertarians with a choice: they can develop new arguments to demonstrate that their position is compatible with compulsory vaccination, or they can accept that their view entails the impermissibility of compulsory vaccination, and argue that this is not an unpalatable implication of their view. (shrink)