≡ Menu

The Prior-Later Distinction

[From my Webnote series]

Other:

Libertarian Answer Man: Co-ownership and Ownership and Punishment of Criminals:

LFFS, ch. 4, n.6, citing “Defending Argumentation Ethics” (LFFS, ch. 7), especially the section “Objective Links: First Use, Verbal Claims, and the Prior-Later Distinction,” and the references in “A Libertarian Theory of Contract: Title Transfer, Binding Promises, Inalienability” (LFFS, ch. 9) to various writings by Hans-Hermann Hoppe on this issue; also Stephan Kinsella, “The Essence of Libertarianism? ‘Finders Keepers,’ ‘Better Title,’ and Other Possibilities,” StephanKinsella.com (Aug. 31, 2005); idem, “Thoughts on Intellectual Property, Scarcity, Labor-Ownership, Metaphors, and Lockean Homesteading,” Mises Economic Blog (May 26, 2006); “Selling Does Not Imply Ownership, and Vice-Versa: A Dissection” (ch. 11); idem, “KOL259 | ‘How To Think About Property,’ New Hampshire Liberty Forum 2019,” Kinsella on Liberty Podcast (Feb. 9, 2019). [continue reading…]

Share
{ 0 comments }

Related

I’m never quite sure how to describe what it is that I do (my avocation, not my (former) vocation(s)). 1

Is it political theory? Political philosophy? Libertarian theory? Libertarian legal theory? Legal theory/jurisprudence? Moral theory? Ethics? Metaethics? 2 Philosophy? Isn’t all libertarian theory really libertarian legal theory, in the end, since our focus is on what institutional uses of force are just, that is, what laws are just? What property rights there are?

Am I an intellectual? A scholar? An academic?

A few Grok searches helped sort some of this out. Bottom line: [continue reading…]

  1. Career Advice by NorthThe Start of my Legal Career: Past, Present and Future: Survival Stories of Lawyers; Disinvited From Cato; Why I Libertarian; Living a Life of Excellence and Liberty. On “former” vocation(s), I am retired now from law, and as for the plural, that’s a reference to various side-jobs and hustles I had/have related to legal publishing in parallel with my attorney career, and distinct from my libertarian publishing and writing: New Publisher, Co-Editor for my Legal Treatise, and how I got started with legal publishing KinsellaLaw.com (Sep. 27, 2011); see also KOL455 | Haman Nature Hn 109: Philosophy, Rights, Libertarian and Legal Careers (March 24, 2025); Kinsella Not LSU Distinguished AlumnusKOL139 | Power and Market Report with Albert Lu: Law, Careers, Scholarship. []
  2. Rights as Metanorms; Rights and Morals as Intersecting Sets Not as Subset of Morals. []
Share
{ 0 comments }

Tibor Machan’s Collection of Poignant Quotes

Related

As I mentioned in my recent post, Machan, A Brief on Left Libertarianism—Is it an Oxymoron? (unpublished, 2009), an odd gmail glitch recently placed an Aug. 12, 2009 email from Tibor Machan at the top of my gmail inbox, with this note: “Hi, Stephan: Perhaps you would like to use the attached discussion note, ‘A Brief on Left-Libertarianism,'” and containing this short article. This was sent to me around the time I started Libertarian Papers and was obviously meant as a submission to that journal.

I see now that he sent me another email Nov. 24, 2012: “Here is a fairly long collection of quotations I have assembled and thought would send you as a gift! If not interested, please simply delete.” Possibly he also intended it for  Libertarian Papers. I ignored it at the time but it appears not to be published online so here it is, with no edits (since I cannot ask Tibor to approve). [continue reading…]

Share
{ 0 comments }

Kinsella on Liberty Podcast: Episode 490.

This is my interview by Cody Cook (@CantusFirmusCC) of the Libertarian Christian Institute (@LCIOfficial), whose show I’ve been on previously, 1 and whose book, Faith Seeking Freedom: Libertarian Christian Answers to Tough Questions, I endorsed, to discuss my recent book Rothbard at 100: A Tribute and Assessment (2026). Episode: Rothbard at 100: Why His Ideas Still Matter, with Stephan Kinsella (May 22, 2026 (recorded May 5, 2026)). Cody was an excellent interviewer, which is one reason I think this was one of my most comfortable and relaxed performances ever.

[continue reading…]

Play
  1.  KOL388 | Cantus Firmus with Cody Cook: Against Intellectual Property. []
Share
{ 0 comments }

Related

An odd gmail glitch just placed an Aug. 12, 2009 email from Tibor Machan at the top of my gmail inbox, with this note: “Hi, Stephan: Perhaps you would like to use the attached discussion note, ‘A Brief on Left-Libertarianism,'” and containing his short article. This was sent to me around the time I started Libertarian Papers and was obviously meant as a submission to that journal. I vaguely recall seeing it and dismissing it as too light or poorly written for the journal. In any case, it appears not to be published online so here it is, with no edits (since I cannot ask Tibor to approve).

A Brief on Left Libertarianism—Is it an Oxymoron?

Tibor R. Machan*

[sent to Stephan Kinsella Aug. 12, 2009] [continue reading…]

Share
{ 0 comments }

[From my Webnote series]

more later, for now:

I see two mistakes in your reasoning. First, you are accepting the relevance of the state’s arbitrary classifcation scheme–calling someone an “owner” or not, an employee or not. [continue reading…]

Share
{ 0 comments }

Dear Mr. Kinsella,

I am writing to you from Iran, where I closely follow your work on libertarian legal theory. I would deeply appreciate your insights on a unique digital dilemma here that highlights the messy collision between property rights, state coercion, and a captive market.

Amidst a total international internet blackout in Iran, a privately owned book-review platform has flourished. While it is 100% private property, it is the unintended beneficiary of a state-enforced captive market; because the regime has blocked all global competitors (like Goodreads), this platform enjoys a monopoly privilege it never sought. [continue reading…]

Share
{ 0 comments }

Crumbling Racial Preferences

[Cross posted at Propertyandfreedom.org]

From The Editorial Board, “Old McDonald Had a Race Preference: A lawsuit settlement helps end discrimination at the USDA,” Wall Street Journal (May 22, 2026):

One of the worst sources of race preferences has been the federal government, so cheers to the news that some discriminatory programs have been sent out to pasture. The Agriculture Department recently settled a lawsuit and agreed to end race and sex preferences in federal farm programs.

Adam Faust is a Wisconsin dairy farmer who found his Holstein milking operation harmed by USDA programs that used race or sex preferences to allocate financial benefits. The Dairy Margin Coverage Program, which farmers use to cover fluctuations in milk prices, charged him a fee that wasn’t paid by farmers USDA designated as “socially disadvantaged.”

[continue reading…]

Share
{ 0 comments }

Note: I do not use Grok or AI to cheat or write for me, but only as a tool for research and assistance, summaries, and so on. Here is the summary of a Grok discussion I had trying to clarify some issues, so asked it to prepare the summary in the form of a blog post.

***

A few days ago at the Libertarian National Committee event (LNC 2026) in https://www.lnc2026.com/, I was having a lively discussion with two fellow libertarian lawyers. The conversation started with a practical question: Could the Libertarian Party amend its bylaws to prohibit certain behaviors, and would applying those new prohibitions to past actions (or ongoing situations) potentially violate ex post facto principles?

That initial discussion about internal party rules and fairness quickly evolved into a much deeper exploration of U.S. constitutional law, common law crimes, the Ex Post Facto Clause, historical legal development, and broader libertarian theory about legislation, malum in se vs. malum prohibitum offenses, and anarcho-capitalist systems. One of my friends brought up the Ex Post Facto Clause and argued that it effectively requires all crimes (or prohibitions) to be created by clear, prospective legislation or rules. He believed allowing non-statutory or judge-made rules would violate constitutional protections against retroactive punishment. He thought pure common law crimes only really existed in pre-U.S. England, and that modern American law had moved past that. [continue reading…]

Share
{ 0 comments }

Related

For some reason I gets lots of … ambitious and interesting … submissions sent to me … independent scholars. See e.g. Extreme Praxeology and some comments below. I’m sort of fascinated by these types. They are a bit like the ones who always have a new scheme for a new libertarian nation or persuasion gimmick or trick 1 —they seem so earnest and so determined to systematically deduce the entire universe from scratch, often in a totally amateur way that attempts to reinvent the wheel without knowing much about the first wheel.

Anyway, the latest is “independent researcher” José Ángel Deschamps Vargas, “AI Alignment from First Principles: Why Current AI Cannot Be Conscious, Why Strong AGI Requires Consciousness, and Why This Resolves the Alignment Problem” (also at https://nicomaco.org/), which claims to “Derive AI alignment from first principles using 5 performatively undeniable axioms, producing 568 propositions through strict deduction …” Shades of Wittgenstein! 🙂 (I have in mind his ambitious Tractatus Logico-Philosophicus.) Here is some abstract of sorts that accompanied the paper:

This paper presents a formal solution to the AI alignment specification problem through two independent axiomatic frameworks — SINTESIS (philosophical) and Coherencia (physical) — that converge on the same result: coherence as the necessary condition for persistence. It derives five necessary conditions for artificial consciousness, proves that strong AGI requires consciousness, and demonstrates that the feared dangerous AGI cannot exist because the capabilities that would make it dangerous require the consciousness that would make it responsible. All seven recognized alignment sub-problems are resolved within this framework. The specification is derived from 5 performatively undeniable axioms through 568 explicit derivation steps.

[continue reading…]

  1. Libertarian Nation and Related ProjectsUsing International Law to Protect Property Rights and International InvestmentKOL480 | The Liberland Constitution and Libertarian Principles (Liberland Prague, 2025)[]
Share
{ 0 comments }

Libertarian Answer Man: Duty to Procreate?

Dear Mr. Kinsella,

I wrote the same to prof. Hoppe and I hope to hear your opinion as well.

My name is Augustin. In my research and pondering, I got stuck with a limit in the libertarian ethics that left the question of whether it truly permits the survival of mankind (as any ethic should be able to do in all conceivable scenarios) unsolved.

I observed the following dilemmas:

  1. If everyone suddenly decides to commit suicide, the non-aggression principle has nothing to oppose it.
  2. If everyone peacefully stops having children and goes on living for themselves — humanity goes extinct.

[continue reading…]

Share
{ 0 comments }

Libertarian and Austrian Festschrifts

I’ve long been fascinated with scholarship and publishing, 1 and with the concept of a Festschrift ever since I came across Rothbard’s (see below). I became more interested in this when I helped produce Hans Hoppe’s first Festchrift in 2009. As I wrote recently in yet another such work (my Preface to the a recent Gedenkschrift for Rothbard (a Gedenkschrift is a type of Festchrift, as is a Liber Amicorum): [continue reading…]

  1. New Publisher, Co-Editor for my Legal Treatise, and how I got started with legal publishing; All footnotes!On the Role of Commentators and Codes and the Oracles of the LawSome favorite law review papersWatson, The Importance of “Nutshells”Reading Suggestions for Prospective/New Law Students (Roman/Civil law focus)Book Recommendations: Private, International, and Common Law; Legal TheoryGender-Neutral Language, Reverse Racism, and Law Review Strategies. []
Share
{ 0 comments }
Creative Commons License
Except where otherwise noted, the content on this site is licensed under a Creative Commons CC0 Universal Public Domain Dedication License.