I was approached recently by my old friend, legal scholar and philosopher David Koepsell (a fellow opponent of IP who appeared on the John Stossel show with me a few years back), 1 as one of his students at Texas A&M, Eliot Kalinov, was interested in my and Hoppe’s work on argumentation ethics and related issues. I offered to have a discussion with Eliot about these issues for his research and publication plans, which we did yesterday (Feb. 18, 2025). We recorded it for his own purposes, and I post it here, with his permission, for those who might find the topics discussed of interest. He is very bright and asked very intelligent questions. We discuss mainly the topics noted in the title of this episode.
In discussing an article by Ron Johnson, The Government Says Money Isn’t Property—So It Can Take Yours, I mentioned that in previous writing 1 I had argued that just as bitcoin is not ownable, in today’s world of fiat money even dollars are not exactly ownable—but that I would not want to get the state to accept this argument at present time. A friend asked me: “what would follow if the courts accepted your premise? How could that affect intellectual property law?” [continue reading…]
I have been interested in Libertarianism for some time now and Hoppes AE has especially fascinated me.However,I have some questions which were left open.Hoppes central claim seems to be,that you cannot argue without accepting NAP and self -ownership .
Not exactly. It is that all truth claims must be established in argumentation, including claims about what norms or conduct is justifiable. Also, that the activity argumentative justification necessarily presupposes certain norms or values, such as peace, universalizability, non-contradiction, truth, the ability to homestead unowned resources, the ability to control one’s own body, the value of avoiding conflict, and so on; and that these norms–which we may think of as “grundnorms”–cannot be denied without contradiction since they are inevitably presupposed by every participant in argumentative justification; and finally, that any political norm other than libertarianism (that is, all forms of socialism) are incompatible with these grundnorms and thus cannot be argumentatively justified. It is essentially a proof by contradiction: that any non-libertarian political norm contradicts more basic norms that are necessarily presupposed by all participants in argumentation. Socialism is aggression and violence and contradicts the norms presupposed by the participants by virtue of participating in the peaceful activity of argumentation. [continue reading…]
In my book Stephan Kinsella, Legal Foundations of a Free Society (Houston, Texas: Papinian Press, 2023), ch. 5, p. 73, n.23, I provide a quote, “What you do speaks so loud I can’t hear what you are saying.” which I took from an article by Clarence Carson. Carson calls it an “old saw” but provides no attribution.
I have realized this is a version of a quote widely attributed to Ralph Waldo Emerson. According many sources on the Internet, the original quote is “What you do speaks so loudly that I cannot hear what you say.” Emmet Fox, in The Sermon on the Mount: The Key to Success in Life (HarperOne, Reissue ed., 2009), provides a subtly different version, also attributed to Emerson: “What you areshoutsso loudly that I cannot hear what you say.”
I found it curious that none of the sources attributing this to Emerson provide a citation. I was unable to find this exact quote anywhere in Emerson’s work. With the help of people on Twitter, I finally came across this: “What you are stands over you the while, and thunders so that I cannot hear what you say to the contrary,” from this paragraph:
Let nature bear the expense. The attitude, the tone, is all. Let our eyes not look away, but meet. Let us not look east and west for materials of conversation, but rest in presence and unity. A just feeling will fast enough supply fuel for discourse, if speaking be more grateful than silence. When people come to see us, we foolishly prattle, lest we be inhospitable. But things said for conversation are chalk eggs. Don’t say things. What you are stands over you the while, and thunders so that I cannot hear what you say to the contrary. A lady of my acquaintance said, “I don’t care so much for what they say as I do for what makes them say it.
The paper deals with the view of contemporary world politics presented by American libertarians. Specifically, it examines the claims of Murray N. Rothbard and his successors with regard to the role of the United States of America in the international arena. The article argues that since the Cold War, the libertarian account of international relations has been staunchly critical of the US, while exhibiting a soft spot for competing powers, particularly the USSR and the Russian Federation. As the article submits, this asymmetry is supported by two flawed theoretical contentions: the liberal imperialism thesis (LIT) and the American hegemony thesis (AHT). Moreover, the article shows how anti-Americanism impinges on libertarian analyses of contemporary Central- Eastern European politics, in particular the war in Ukraine.
Here is a first draft of a translation of Stephan Kinsella, Legal Foundations of a Free Society (Houston, Texas: Papinian Press, 2023) into Chinese, translated by Li San (李三). The following is not yet proofread, according to the translator.
I’ve learned and profited a great deal from libertarian legal scholar Randy Barnett’s work—on contract theory, punishment, constitutional and ninth amendment issues, originalism, and more. 1
In his really unique and excellent new book, A Life for Liberty: The Making of an American Originalist (2024), which I read cover to cover, he has an intriguing section near the end on “What’s Next for Libertarianism” where he hints a possible future book extending his previous thought on liberty and libertarianism. He suggests several extensions to or possibly modifications to libertarianism that might try to address. For example: “If we are to be libertarians and not propertarians, … libertarians need also to be concerned about threats to individual liberty now posed by privately owned companies. … A good theoretical start would be to separate the “public-private” binary from the “government-nongovernment” binary.” I have concerns about conservatives and libertarians who try to blur the distinction between between private and state actors—for example in attempts to subject big tech platforms to defamation liability out of spite or because they just don’t like them 2, or in arguments that private actors (banks, big tech, New York Times) are really “part of the state” and thus it’s fine to subject them to otherwise unjust and unlibertarian laws, such as libel law, or even to justify having the state regulate these corporations, since they are after all effectively state organs 3—but it would be interesting to see Barnett grapple with these matters. [continue reading…]
I was asked recently to guest lecture for a course taught to some mechanical engineering students at Colorado University Boulder (EMEN 4100: Engineering Economics) by the lecturer, David Assad. Assad covers some ethics related matters in the latter part of the course and asked me to talk generally about ethics and related matters. I discussed ethics, morality, politics, and science. I discussed ethics and its relationship to science and politics, and discussed about what science is, the types of sciences, ethics and ethical theories and the relationship to specialized ethics and morality in general, and its relationship to political ethics and political philosophy. I then discussed libertarianism in general, the nature and function of property rights, and then explained how the intellectual property issue can be addressed based on the libertarian and private law perspective. The references and notes I gave the class are embedded in the slides and reproduced below.
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