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Epstein on Roman Law

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I’ve always admired libertarian legal scholar Richard Epstein‘s work, even if I disagree with much in his approach—primarily his minarchism (I’m an anarchist libertarian; he seems to be some kind of minarchist), 1 his intellectual property views (I’m anti-, he’s pro-), 2 and his utilitarian approach (I’m Austrian and have a principled approach; he is Chicago and utilitarian). 3 [continue reading…]

  1. See my “What It Means To Be an Anarcho-Capitalist,” in Legal Foundations of a Free Society (Houston, Texas: Papinian Press, 2023) [LFFS]; Richard A. Epstein, Simple Rules for a Complex World (Cambridge, Mass.: Harvard University Press, 1995); Principles for a Free Society (Reading, Mass.: Perseus Books, 1998); Takings: Private Property and the Power of Eminent Domain (Cambridge, Mass.: Harvard University Press, 1985). []
  2. KOL364 | Soho Forum Debate vs. Richard Epstein: Patent and Copyright Law Should Be Abolished. See also Richard Epstein’s Takings Political Theory versus Epstein’s Intellectual Property Views. []
  3. Stephan Kinsella, “The Problem with Intellectual Property,” Papinian Press Working Paper #2 (May 15, 2025), Part III.B. []
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On Married Students and Having Kids

I was talking with some friends lately about this Slate article “Burning Love“, subtitled “When I found out my wife was cheating, a certain backyard plant helped me take revenge.” I was mocking how limp-wristed satchel-wearing lefties take revenge; plus it seemed to me like a crime. But I also criticized this couple for being married students. As I wrote my friends, “I mean why are they married while students, pretending to be adults in the first place?” [continue reading…]

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Block on Defamation

I’ve always been against defamation law (libel, slander, etc.). I assumed it was the plumbline libertarian position, even though many libertarians and most Objectivists seem to favor reputation rights. As I wrote in “Defamation as a Type of Intellectual Property”: 1 [continue reading…]

  1. Defamation as a Type of Intellectual Property,” in A Life in Liberty: Liber Amicorum in Honor of Hans-Hermann Hoppe, edited by Jörg Guido Hülsmann & Stephan Kinsella (Houston, Texas: Papinian Press, 2024). []
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Peter Schiff’s Future Bitcoin Tweets

(I like Peter; this is just in fun! See our podcast episode, where he’s wrong on IP and Bitcoin. KOL316 | Discussion with Peter Schiff about Patent, Copyright, and Bitcoin.)

My Grok prompt: [continue reading…]

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Hoppe’s Social Theory: An Executive Summary (Grok and ChatGPT):

I asked Grok4 (SuperGrok) and ChatGPT to provide executive summaries of Hoppe’s thought. Results below; I have not reviewed these.

My prompt:

Take these documents by Hans-Hermann Hoppe and provide an organized executive summary of Hoppe’s social thought: his economics and economic theory, his views on rights and libertarianism, democracy, immigration, and other issues. Organize it systematically, and include detailed links, references, footnotes/endnotes, and so on. Entitle this Hoppe’s Social Theory: An Executive Summary. Make this as detailed and comprehensive as possible and as long as necessary.

Read more>>

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Libertarianism: A Treatise: AI Assisted Draft

I spent about 30 years writing the material that became Stephan Kinsella, Legal Foundations of a Free Society (Houston, Texas: Papinian Press, 2023). I had plans to write this book for over 15 years but kept dithering, stopping and starting, and also waiting to write a few key chapters. Even so, I could have finished it at least 7 years ago. [continue reading…]

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As noted in Libertarianism: A Treatise: AI Assisted Draft:

I spent about 30 years writing the material that became Stephan Kinsella, Legal Foundations of a Free Society (Houston, Texas: Papinian Press, 2023). I had plans to write this book for over 15 years but kept dithering, stopping and starting, and also waiting to write a few key chapters. Even so, I could have finished it at least 7 years ago. [continue reading…]

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[From my Webnote series]

From a tweet:

Another reason why “voluntary” and tax-free minarchism is a chimera.

[continue reading…]

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Epstein on Federal Immunity for Gun Manufacturers

In this podcast episode with Richard Epstein and John Yoo, Insurrections, The Militia Cause, and Getting Dunked on By Charles Barkley, they discuss, inter alia, the recent case Smith & Wesson Brands, Inc. v. Estados Unidos Mexicanos and the Protection of Lawful Commerce in Arms Act. 1

See discussion at 38:40, in particular this comment by Epstein:

[44:20] … and it’s 9-0 in both cases, and I have yet to find anybody who thinks that these are sort of imprudent decisions, no matter what they think about guns.

Well, I, for one, disagree with the ruling and the law, as the Federal Government has no authority to regulate state tort law. But then I seem to be the only non-centralist libertarian who opposes such unconstitutional laws. [continue reading…]

  1.  Justices reject Mexico’s suit against gun manufacturersUnanimous Supreme Court rules against Mexico in guns case. []
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The essence of the libertarian notion of aggression and self-ownership — see  On the Core Principles of Libertarian Property Rights. See, on this, the Roman law doctrine of “Corpore Corpori,” or “To the body”. AI summary:

In the context of Roman law, “corpore corpore” is a Latin phrase meaning “by the body to the body.” It refers to the requirement in the first chapter of the Lex Aquilia, a law dealing with damage to property, that the damage had to be inflicted by direct physical force. Specifically, the damage had to be caused by the wrongdoer’s body acting directly on the body of the injured thing.

[continue reading…]

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Update: See various discussions on Twitter, e.g. [continue reading…]

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Related:

I always saw the promise in BTC, from the beginning. Even spoke at one of the first conference, in 2013. 1 But I wrongly assumed that the state would realize this and if when it became a threat, it would ban it. 2 So I didn’t buy because I was too confident in the state’s competence. As I tweeted here, “A friend: “It seems counterintuitive to me that the fed and other regulators seem mostly indifferent to the existential threat that bitcoin represents to the world reserve currency status of USD.” Me: for one, they are stupid, for another, they don’t care about the future–short term thinking. It’s why I was wrong in 2013 or so and wrongly assumed the FedGov was smart and evil and competent and would ban BTC as soon as it became a threat (stephankinsella.com/2025/07/austri). They are just evil and stupid. They have short time preference because they dont “own” the state so they don’t care that BTC is a threat in 10 years. (See Hoppe’s Democracy.)” But I never bought into the flawed “it’s impossible because regression theorem” argument.

Most austro-libertarians are for sound money and for this reason are also pro-bitcoin (BTC), or at least are ambivalent and admit they do not fully understand it—such as Hoppe, who has features pro-bitcoin speakers at the PFS several times:

Some others, especially initially, argued that it was “impossible” because bitcoin “violates the regression theorem” or something. Work in progress—

Not yet sorted/classified

Bitcoin Does Not Violate Regression Theorem

For arguments that Bitcoin can be money and does not violate the regression theorem:

Bitcoin Violates Regression Theorem/Cannot Be Money

I’ve lost track of all those who made the argument that it is impossible for various reasons, but here are a few who have expressed skepticism:

  1.  KOL085 | The History, Meaning, and Future of Legal Tender (Crypto-Currency Conference, Atlanta, 2013). []
  2. Bitcoin Confiscation vs. Gold Confiscation; also Musings on Fractional-Reserve Banking in a Bitcoin Age; Physicalist Shock Absorber Metaphors; Am I a Bitcoin Maximalist?; Cocky ruminations about why Bitcoin is not “ownable” “property”[]
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