Tag Archives: ownership

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

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Immigration – An Austro-Libertarian Analysis


Immigration – An Austro-Libertarian Analysis

By Duncan Whitmore

Both the referendum on Britain’s membership of the European Union and the election of Donald Trump as the US President have elevated the topic of immigration to the top of the political agenda. Leftist, liberal elites – previously so sure they would arrive easily at their vision of an open, borderless world – have been scalded now that the lid has been lifted from the bubbling cauldron of the needs of ordinary, everyday citizens seeking to preserve their jobs and the culture of their homelands.

It is high time that this vitriolic, divisive and – frankly – often quite tiresome issue is put to rest. That, alas, is unlikely to happen, particularly as the political globalists seem content to plough on with their vision of open borders through the looming UN Global Compact for Migration. Listening to the mainstream arguments (or at least to how the leftist/liberal media chooses to portray them), one would be forgiven for thinking that the immigration question needs to be met by an all or nothing answer – i.e. that it is either an unqualified good or an unqualified bad. We are led to believe that it is a contest between liberals, or self-styled “progressives”, clamouring for fully porous borders on the one hand, versus elderly, conservative, racist bigots who supposedly want to keep everyone out and preserve England’s green and pleasant land for white faces.

The falsehood of this dichotomy is obvious to almost anyone who is not of the liberal-left, and, in fact, a “sensible” view on immigration is quite prevalent – that it is possible to be in favour of permitted, but regulated immigration, allowing some people to cross the border as immigrants to come and live and work in the territory of the state while denying that privilege to others. It is also recognised that immigration is economically beneficial in some situations, but not in others – i.e. when immigrants are highly skilled and productive instead of welfare consumers.

The task of this essay is to sharpen this “sensible” view with Austro-libertarian theory. We will begin by outlining the core libertarian theory concerning immigration before examining a key area for contention among libertarians – whether, in a world populated by states, any particular state should restrict or otherwise control movements across the border by persons who are not considered to be citizens of that particular state and whether this is in accordance with libertarian theory. We will then move on to exploring the economic and cultural implications of immigration policies. Read more

Why Libertarians Should Read Mises – Part Two


Why Libertarians Should Read Mises

Part Two

By Duncan Whitmore

Introduction

In Part One of this series of three essays exploring the significance of Ludwig von Mises for libertarian thought, we examined the specific place that Mises holds in our tradition, and outlined the unique sophistication of his utilitarian theory in favour of freedom compared to that of other theories that can be grouped into this bracket.

In this part we will turn our attention to a detailed analysis of the action axiom – the keystone of Misesian economic theory – and its implications for concepts that we readily encounter in libertarianism.

Somewhat ironically, it was largely as a result of his influence that the wertfreiheit of Mises’ praxeology was regarded as a separate discipline from the search for an ultimate, ethical justification of liberty – a belief that was sustained by Murray N Rothbard.1 In more recent years, Hans-Hermann Hoppe has probably come closest to providing a link between the two through his derivation of “argumentation ethics” within the praxeological framework, and his identification of the pervasive problem of scarcity – a key praxeological concept – as underpinning any system of ethics.

Nevertheless, one may conclude that a full reconciliation, or synthesis, between the two is still wanting and that there remain other important commonalities to which this essay will seek to provide an introduction. Some of what we will learn below will have implications for a general understanding of right, and that the truths we reveal are inescapable for any political philosophy. Others will be specifically pertinent to libertarianism and will provide us with insights as to how we can further the libertarian goal. Read more

New inside look at OCR ICT education…….. …..First hand experience!


Peter Davis

I did this last year at my school, and you could just tell that this task was thought up by the government.  May I point out that the task was to create a video in Windows Movie Maker about recycling.

I think that, well yes, its fair enough that we have to make a video, as we would learn the skills to be able to do it…..But do we have to do it on ‘Recycling’?

Anyway, this was my submission for OCR nationals Unit 23. It got a very high mark, and it took me 20 minutes. I hope you enjoy it … or maybe not.

Yes, you saw it: this is what your children do in year-9 at secondary school it the UK (for foreign readers, this is 13/14 year-olds.)

Blogeditor says:-

Something to do with this stuff would have been more fun…

(…but most of the poor buggers don’t even know what these things are, let alone that they might have even existed.)

LA … The News Release on Home Education Proposals


Sean Gabb

(UPDATE1:- I see that Blogdial has picked this up – well done, please tell everyone asap. There are a lot of other outgoing links in Blogdial about this matter, which later you may care to follow. UKIP (and here too): Renegade Parent: old Gerald Warner: the Quisling-Graph for once is good and right, and this editorial too. plus links to the usual GramscoFabiaNazi Maoist lefty stuff as well, for entertainment if it were not so sinister and if the buggers did not really mean it, as they do.)

(UPDATE2:- And here’s Daniel Hannan, on how Thatcher saved Britain. That’ll get the Ballses, Ed and Yvette (she a chav or summat?) ranting.)

NEWS RELEASE FROM THE LIBERTARIAN ALLIANCE
In Association with the Libertarian International

Release Date: Thursday 11th June 2009
Release Time: Immediate

Contact Details:
Dr Sean Gabb on 07956 472 199 or via sean@libertarian.co.uk

For other contact and link details, see the foot of this message
Release url: http://www.libertarian.co.uk/news/nr075.htm

“HOME  EDUCATION  AND  THE  BRITISH  STATE :

KEEP  YOUR  HANDS  OFF  OUR  CHILDREN”

The Libertarian Alliance today denounces Ed Balls, Secretary of State for Children, Schools and Families in the British Government, for taking the first steps towards what will be the outlawing of home education.

[Mr Balls has accepted a report recommending that all home educating families in England will have to register annually and demonstrate they are providing a suitable education. It further recommends that children should be forced into state schools if parents do not meet certain standards set by the education bureaucrats. See here for further information: http://www.dcsf.gov.uk/pns/DisplayPN.cgi?pn_id=2009_0105 ]

According to Sean Gabb, Director of the LA:

“The right of people to educate their children within the values of their family, their faith or their community has always been respected by the British State. Parents have been legally obliged to proved their children with an education – but have never been obliged to send them to school, or even to notify the authorities of what they intend.

“The current proposals sound moderate. The talk is of giving support, not of forbidding. But they are the first step to outlawing home education. Registration will, for the first time, let the authorities know who is educating their children at home. Once these parents are known, they will be visited and inspected to ensure that they are providing a ‘suitable’ education. What this means – though not all at once: it will take several years of salami slicing – is that parents will be hit with impossible and ever-changing health and safety rules. They will be forced to keep records in rigidly prescribed formats – records that will almost certainly demand disclosure of the race and probable sexuality of the children, and that will (if not first lost on a railway train) be shared with foreign governments and private companies. paper qualifications may be required from parents. They will eventually be forced to teach the feared and discredited National Curriculum.

“At no point will home education be made into a criminal offence – as it is in Germany and Belgium, among other European countries. Instead, it will be surrounded by so many rules and by so much supervision, that most parents who now educate at home will give up. Many who carry on will be picked off one at a time – their children conscripted into a state school for some trifling infraction of deliberately conflicting and arbitrary rules. In extreme cases, parents will have their children taken into ‘care’.

“The motive for regulation is not the safety of children or to provide them with a decent education. State schools do not – and are not intended to – provide children with a decent education. Their purpose is to indoctrinate children with the values of the Establishment. These values used to be love of Queen and Country and a perceived obligation to go and be shot at when rounded up and put into uniform. Nowadays, the values are politically correct multiculturalism.

“As for regulation as a guarantor of safety, we only need look at the nursery worker arrested this week for sexual assaults on children. Since this is a matter before the courts we make no comment on the woman’s guilt or innocence. We do note, however, that she will have been closely examined by Ofsted, and checked against all the relevant databases, and judged officially safe with children. Anyone who thinks regulation makes children safe needs his head examined.

“This current proposals will lead ultimately to a state of affairs in which children can be torn from their homes and forced into schools where they will be brainwashed into values that their parents find abhorrent – and where they will probably be kept illiterate and innumerate as these things were once measured, and where they might also be bullied into suicide or lifelong depression.

“Ed Balls, the Minister concerned, wants all this because his Government has turned Britain into a soft totalitarian state. No child – except, of course, of the rich, who can always buy their way out – must be permitted to escape the ideological apparatus of the New Labour State. Home educators are the equivalent of the Kulaks in the Soviet Union. They show too much independence. They must be destroyed.

“The Libertarian Alliance denounces Mr Balls and the Government in which he is a Minister, and calls on people everywhere – British or not, parents or not – to write to him expressing their own contempt of and opposition to this attempted mass kidnapping of our children.”

The address details for Mr Balls are as follows:

The Rt Hon Edward Michael Balls MP
Secretary of State for Children, Schools and Families
Sanctuary Buildings
Great Smith Street
London SW1P 3BT
dcfs.ministers@dcfs.gsi.gov.uk

His Deputy, Delyth Morgan, can be reached as follows:

Baroness Morgan of Drefelin
Secretary of State for Children, Schools and Families
Sanctuary Buildings
Great Smith Street
London SW1P 3BT
dcfs.ministers@dcfs.gsi.gov.uk

For those who think these things still matter, Mrs Morgan should be addressed in correspondence as “My Lady”

Letters should be brief. They should refer to the report “Review of Elective Home Education in England (June 2009)”
(available at http://www.dcsf.gov.uk/everychildmatters/_download/?id=6080 )

Points worth making are:

  • Home education is a fundamental human right. In a free country, people are left alone to bring their children up in the values and traditions of their own communities or faith. This right has always so far been respected in Britain.
  • The mainstream of research into home education is unanimous that children educated at home receive a better education than at school – even when the parents have little formal education of their own.
  • The current proposals are the thin end of a wedge that will make home education impossible in practice for any but the best-educated or best-connected.
  • The current proposals open homes to inspection by probably hostile officials. These officials will inevitably discriminate on the basis or race or religion or class or sex.
  • Parents will be made to teach subjects that they may find abhorrent in ways that may be inappropriate to their own circumstances.
  • The regulatory system will be expensive and bureaucratic. It will put children at risk by gathering information on them and then losing it.

END OF COPY

Note(s) to Editors

Dr Sean Gabb is the Director of the Libertarian Alliance. He is regarded as one of the most prominent British writers on home education. He is co-author of “Homeschooling in Full View: A Reader“, 1995. His “Home Schooling: A British Perspective” can be read at http://www.seangabb.co.uk/academic/homeschooling.htm

He can be contacted for further comment on 07956 472 199 or by email at sean@libertarian.co.uk

Extended Contact Details:

The Libertarian Alliance is Britain’s most radical free market and civil liberties policy institute. It has published over 800 articles, pamphlets and books in support of freedom and against statism in all its forms. These are freely available at http://www.libertarian.co.uk

Our postal address is

The Libertarian Alliance
Suite 35
2 Lansdowne Row
Mayfair
London W1J 6HL
Tel: 07956 472 199

Associated Organisations

The Libertarian International – http://www.libertarian.to – is a sister organisation to the Libertarian Alliance. Its mission is to coordinate various initiatives in the defence of individual liberty throughout the world.

Sean Gabb’s personal website – http://www.seangabb.co.uk – contains about a million words of writings on themes interesting to libertarians and conservatives.

Hampden Press – http://www.hampdenpress.co.uk.– the publishing house of the Libertarian Alliance.

Liberalia – http://www.liberalia.com – maintained by by LA Executive member Christian Michel, Liberalia publishes in-depth papers in French and English on libertarianism and free enterprise. It is a prime source of documentation on these issues for students and scholars.