Tag Archives: libertarianism

Viruses and Property Rights


Viruses and Property Rights

By Duncan Whitmore

In recent post on the LRC blog, Michael S Rozeff has attempted to demonstrate that pro-freedom arguments made in terms of self-ownership, private property, or the non-aggression principle are ill-equipped to handle a problem such as a contagious virus. It is not entirely clear whether Rozeff is arguing that “property rights solutions” are inherently unable to address such matters, and/or whether they are merely unpersuasive compared to other arguments that libertarians have at their disposal (such as utilitarian arguments). Either way, however, much of what Rozeff says is severely wanting.

Says Rozeff:

Libertarians who attempt to apply 100% body ownership to every situation run into insoluble problems. They frequently try to solve them by deciding what is aggression and what is not, or equivalently who has rights or not, or equivalently whose 100% body property rights are being violated. Sometimes the suggested solutions involve odd behavior that looks immoral, and the confusing and arguable rejoinder is that body ownership theory is a theory of rights, not morality.

In the first place, it is misleading to characterise the libertarian position as one of “100% body ownership” for it conveys the impression that anyone should be able, quite literally, to do whatever they like with their bodies. The correct position is that you should be able to do what you want with your body provided that it does not physically interfere with the body or property of another person without that person’s consent. Rozeff, both here and later, seems to ignore this basic but important qualification. Read more

Liberty and Society – a Reply to Ben Lewis


Liberty and Society – a Reply to Ben Lewis

By Duncan Whitmore

In a recent post on this blog, the present writer offered an explanation as to why the intellectual accomplishments of Austro-libertarians have been disproportionate to their relatively meagre success in effecting real world change. We concluded that the attempt to merely spread ideas of the justice of non-aggression and the truth of “Austrian” economics is, in spite of its importance, not enough. Libertarians must also learn how to mould these ideas so that they speak to people’s aspirations within the prevailing conditions in which they live.

In a short post on the blog of Bastion Magazine – a relatively new publication which shares similar intellectual and political priorities to those of Mises UK – Ben Lewis has chimed in with something similar, addressing what he calls “the inconsistency of libertarian consistency” – that while conservatives, according to him, concede that libertarianism is a more logically consistent philosophy, this feature does not necessarily make the latter a superior system of thought should it be also inconsistent with “the real life nature of man and society”. These sentiments are in the same vain as three of his earlier blog posts where he discusses voluntary social relations, social duties and his reasons for being a conservative.1

To be fair to Lewis, not every view examined in this essay is necessarily one that he has stated explicitly and it would be wrong to ascribe to him a belief in every matter that is subjected to criticism. However, in the interests of thoroughness, we will examine not only what Lewis has actually said but also that which could be reasonably interpreted or inferred from what he has said.

Read more

What Libertarianism Is…


…and What it Must Do

 By Duncan Whitmore

Anyone who has taken the time to study in depth the wealth of scholarly literature of Austro-libertarianism cannot help but be enthralled by the intellectual treasures provided by our school of thought. Not only have we uncovered a body of knowledge which – especially in comparison to mainstream social science – is rigorous, scientific, coherent and interdisciplinary, but, as the true successors of classical liberalism, we have an inspiring vision of the future that can sweep away war, conflict, strife and poverty while propelling the human race to unheard of heights of peace and prosperity. Indeed, for many of us Austro-libertarianism has been the most joyous and rewarding discovery of our lives, providing a sheltered harbour in a world which would otherwise leave us adrift in a sea of chaos.

Unfortunately, we are forced to admit that the intellectual accomplishments of Austro-libertarians are disproportionate to our achievements in effecting real world change which, by comparison, are almost miniscule. Although most forms of direct socialism have been discredited by the disaster that was the Soviet Union, we are today living in a world of unprecedented state power which the majority of the population, buoyed by a sense of control instilled by their occasional visits to the ballot box, views as entirely legitimate. It is bad enough that the modern nation state has accreted to itself power and functions that ancient kings and emperors could only dream of; but we are confronted also by a pervasive attitude that any difficulty, problem, error, injustice or whatever that life may choose to throw at us – including our own personal foibles and failings – is always the state’s responsibility to solve. The problems of paper money, the welfare state, boom and bust, public “education”, crippling regulation, disastrous overseas wars and all of the other ills bred by the state are not going to be vanquished when the majority of the public regards this institution as the magic carpet that will whisk us all away to the land of milk and honey. Read more

LGBTs, Leftists and Libertarians


LGBTs, Leftists and Libertarians

By Duncan Whitmore

In a previous essay posted on this blog, the present writer explored the poisonous proliferation of identity politics in today’s political discourse. One of the themes of that essay was that identity politics has served to create false group identities which misrepresent the interests of the individuals who are supposed to make up those groups, solely for the purpose of being able to pit each group against other groups for political gain. The actual interests of the individuals within each group are served poorly, if at all.

Continuing on a similar theme, we will, in the present essay, examine how various minority groups that have been championed by the left – many of which, such as those characterised by race, religion or sexual orientation, have won genuine and much needed victories against prior legal repression – are being exploited by the left in the current culture war. Although libertarians are right to welcome a renaissance of traditional, local, cultural and religious values as bulwarks against the metastasising growth of the state, it is not minority groups (or the vindication of their rights) per se which are a threat to traditional cultures; rather, the genuine threat is the attempt by straight, white, middle class virtue signalling liberals to grant legal privileges to these groups in an attempt to attack and weaken what remains of Western civilisation. Far from having their own, long term interests preserved by allying themselves with the left, these minorities may well be leading themselves over a cliff edge if they are swept up in the backlash against leftism that is manifest in the resurgence of populism, nationalism, traditionalism and anti-globalism. Consequently, we shall why it is libertarianism that can allow minority groups to flourish, and why members of minority groups should become libertarians. Read more

Libertarian Law and Legal Systems Part Four – Liability for Wrongs


Libertarian Law and Legal Systems Part Four – Liability for Wrongs

By Duncan Whitmore

The fourth part of our survey of libertarian law and legal systems will explore causative events of legal liability arising from wrongs – that is a breach of some obligation owed by one legal person to another without the necessity of a pre-existing relationship such as a contract.

There are two issues that demarcate the approach of a libertarian legal system towards wrongs as opposed to that of a contemporary legal system. First is the definition of a wrong and second is the standard of liability – that is, the point at which the defendant becomes legally liable for a wrong.

Libertarian Definition of a “Wrong”

In contemporary legal systems, a wrong is some sort of act on the part of an individual that is viewed as being subject to legal sanction. Unfortunately, we have to start off with such a vague tautology as, looking at the variety of acts that are subject to legal regulation, this is about as precise as we can get. In many cases, of course, the wrong will be some form of harm caused by one individual to another which serves as the causative event to generate a legal response.

“Harm” is very broadly defined and can include violent and physical inflictions, such as murder, serious bodily injury, or damage and destruction to property, all the way to more ethereal harms that may include nothing more than speaking one’s mind such as “defamation” and causing “offence”. However, events currently classified as legal wrongs needn’t have a victim at all as the act may either be wholly unilateral or take place between consenting individuals. As an example of the former we can cite nearly all offences related to drug possession and dealing, and of the latter the criminalisation of certain sexual practices owing either to their nature (such as in sadomasochism) or to the gender of the participants (i.e. homosexual intercourse). Basically, it is no exaggeration to admit that a wrong, legally defined, in our contemporary, statist legal systems means nothing more than some act that the ruling government or legislature doesn’t like and wishes to outlaw, to the extent that even quite innocuous behaviour may find itself being subjected not only to legal regulation but to criminal sanction.

As we outlined in part one, no legal liability is generated in a libertarian legal order unless the wrong, or the “harm”, consists of a physical invasion of the person or property of another – in other words, only those actions that violate the non-aggression principle are subject to legal regulation. Read more

Libertarian Law and Legal Systems Part Three – Consent and Contract


Libertarian Law and Legal Systems Part Three – Consent and Contract

By Duncan Whitmore

We will begin our survey of the causative events of legal liability in a libertarian legal system with those that arise from consent because, even though people may view “the law” as being synonymous with wrongs such as crimes and torts, consensual legal relations are, in fact, the most frequent types of legal interaction that arise in an individual’s life.

Contract

The predominant form of legal relations arising from consent is, of course, the contract; a person may enter tens of these contracts every single day by, for example, just purchasing a coffee, a bus ticket, or lunch, whereas most people would scarcely commit a single crime in their entire lives (although we might note that today states are happy to spill oceans of ink in criminalising, through legislation, even the most innocuous of actions). While any good legal system must have strong proscriptions against horrific acts such as murder and rape, it is the contract that is the primary preoccupation of everyone’s daily lives.

The first question to consider, then, is what exactly is a contract? Although it should be clear that all contracts concern some sort of bilateral arrangement, different legal systems have varying and often elaborate definitions. Read more

Libertarian Law and Legal Systems Part Two – Self-Ownership and Original Appropriation


Libertarian Law and Legal Systems Part Two – Self-Ownership and Original Appropriation

By Duncan Whitmore

In part one of this five-part series we outlined some preliminary considerations concerning how a libertarian legal system might unfold and develop. We are now in a position to begin exploring the causative events of legal liability in a legal order governed by libertarian prescription.

Prior to considering any specific area of the law such as tort or contract we must explore the ways in which a libertarian legal system will recognise and enforce self-ownership and also the original appropriation of previously ownerless goods.

Technically speaking, the latter topic at least could be covered as part of the law of consent. This concerns the moral imperative that a person should only be liable for the actions that he has undertaken as a voluntary agent – i.e. through his own choice and volition. Both self-ownership and titles over goods allow their owner to not only enjoy the productive services flowing from his body and external goods, but equally and oppositely they burden him with the responsibility of ensuring that, through his actions, those goods do not physically interfere with the person and property of anybody else. Indeed, although law, as understood by libertarians, responds to actions rather than to ownership per se, there is likely to be at least prima facie liability of the owner of property if that property is found to have physically interfered with the person or property of somebody else. Thus, in the same way that it is unjust to physically interfere with someone else’s property, so too is it unjust to hold someone responsible for property that he has not voluntarily asserted control over through his actions. Read more

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