Liberty and Truth – Why Statists should Bear the Burden of Proof
By Duncan Whitmore
During the admittedly few years in which I have been writing on Austro-libertarian topics, one matter on which I have not put pen to paper is the justification for liberty as a fundamental political principle. I have spent much time pointing out the effects and implications of liberty (and of alternative orders) on a wide range of issues from free trade to sound money, from law to culture, and from immigration to the NHS; for many readers, these will, I hope, be persuasive. But what is the one, big reason that elevates liberty head and shoulders above all forms of statism and socialism as the just cause towards which we should strive? Which argument would blow out of the water any attempt to establish tyranny and despotism? Why have I never attempted anything of this magnitude?
One reason for this apparent omission is that I am yet to think of something that I could say on the topic that has not been said elsewhere, and better. Rather than wasting the reader’s time by repeating what has been written before, I prefer to confine my own writing to matters on which I feel as though I am making at least some kind of new contribution, however small.
To be frank, though, the overriding reason derives from an intuitive sense of repulsion triggered by interfering do-gooders and busybodies: that is, if I am getting on with my life peacefully and quietly, my instinctive reaction to the appearance of some prying meddler is that he should mind his own business. Moreover, I do not see this as a one sided obligation: I am quite willing to return the favour by minding my own business when it comes to the affairs of other people. In fact, I couldn’t care less about what other people are doing with their own lives so long as it isn’t bothering me. Such an instinctive “live and let live” attitude is, no doubt, the initial impetus that drives most libertarians towards the philosophy of liberty.
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. Continue reading
Libertarian Law and Legal Systems Part One – What is Libertarian Law?
By Duncan Whitmore
One of the more fascinating but less discussed areas of libertarian theory is how law and legal systems will operate in a libertarian society. To complete such a survey in its entirety would, no doubt, take a lifetime of study and authorship of one or several treatise-length works. We shall, therefore, be placing a very necessary limit to the scope of this survey by concentrating on where, why and how legal liability would arise in a libertarian society – in other words, our primary question will be what are the causative events that trigger legal liability in a libertarian society, and how will legal bodies develop and apply the law in accordance with libertarian principles? We will not be exploring in too much detail the further questions of legal responses to liability such as punishment, retribution, restitution and so on, nor will we be looking into the question of how competing police and civil or criminal court systems might operate (except, as we shall see below, to contrast them to state-based legislative law-making systems). Even though the treatment of the topic of liability alone will still contain many omissions and areas requiring expansion with more detail, we hope to lay the foundations of how libertarian law might operate.
This first part of this five-part series will examine what law is from a libertarian perspective, how different areas of the law can be categorised, and how legal principles will arise in a libertarian society. Part Two will investigate how libertarian legal systems will recognise self-ownership and the original appropriation of ownerless goods. Parts three and four will explore the laws of consent and of crimes/torts respectively while part five will deal with some miscellaneous but nevertheless significant considerations. Continue reading