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
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. Read more
Libertarianism – and any political position that leans towards a greater degree of freedom from the state – is opposed both ethically and economically on a number of substantive grounds. The proposition that without the state we would have inequality, destitution for the masses, rampant greed, and so on is a familiar charge which attempts to point out that libertarianism is undesirable and/or unjustifiable.
A further point of opposition is that libertarianism and the drive towards it is simply utopian or idealistic, and that libertarians are hopeless day dreamers, lacking any awareness of how the world “really” works. In other words, that, regardless of whether it may be desirable, some combination of one or more of impossibility, improbability or the simple unwillingness of anyone to embrace the libertarian ideal renders libertarianism either wholly or primarily unachievable. It is this specific objection that we will address in this essay.
Let us first of all recount the libertarian ethic of non-aggression, which states that no one may initiate any physical incursion against your body or your property without your consent. From this we can state that the goal of the libertarian project, broadly, is a world of minimised violence and aggression. Consequently, the questions we have to answer is whether a world of minimised violence and aggression is unachievable and, hence, utopian. Read more
“Know your enemy,” says the old adage of Sun Tzo. And this idea has, of late, been much troubling liberty lovers. We all agree that, from the point of view of freedom, justice, prosperity and peace, the political tone in Western societies today is bad and getting worse. But can we agree on the causes of this malaise, still less work out what to do about it? That’s hard.
The death of the USA as a free and un-socialistically-encumbered nation will be announced in the next few decades. The rot sets in, although happily I suppose (as Enoch Powell once told some of us) “it takes quite some time.”
The Obamessiah’s healthcare “reforms” will soon, it is feared, take place.
You’d think they would look in horror across the Atlantic, to what has happened to us since 1948, and recoil. perhaps it adds evidence to my thesis that GramscoFabiaNazis like Obama do what they do on purpose.
I was over at The Last Ditch’s place and I spotted this just now. Do go, I’m going to give it a try now and then, even me.