by Stephan Kinsella
on March 16, 2025
[From my Webnote series]
On why I write, why I fight, the Remnant, and the problem with libertarian activism and “waystation libertarians.”
The Irrelevance of the Impossibility of Anarcho-Libertarianism
Where are the best pracitical suggestions along those lines – if any of you know and are willing to share?
My personal view is that in the long run the only that that can work is economic literacy. Thus we need to educate people; and one way to do it is to support the Mises Institute, and to keep spreading a consistent, principled message of liberty. We can keep learning, both to improve ourselves and to improve our ability to persuade. And by improving ourselves we help present “one improved unit” to society, thus helping to win over people to our other views by the power of attraction.
I would recommend not deluding oneself that we can “win” once and for all; or that winning is all that matters. That way lies the perils of self-delusion, compromise, despair, disengagement, and activism (see my The Trouble with Libertarian Activism). [continue reading…]
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by Stephan Kinsella
on March 16, 2025
[From my Webnote series]
Regarding various new or increased or changed tariffs being proposed by Trump: of course free trade is good and the US should unilaterally abolish tariffs. (I seem to recall other arguments for unilateral free trade—perhaps by Mises, Rothbard, Hazlitt, Friedman—but cannot find them; if anyone recalls any of these please notify me.)
The uncertainty faced by businesses and actors in the US as a result of these changes is simply one consequence of the state having the very power to legislate. [continue reading…]
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by Stephan Kinsella
on March 14, 2025
[From my Webnote series]
As noted in this Grok conversation, the US Supreme Court assumed the power to review legislation for constitutionality in Marbury vs. Madison—the power of judicial review. In this case, the Court was asked to issue a writ to place Marbury on a Court. The Court admitted he should be placed here but that the Judiciary Act of 1789, which seemed to give the Supreme Court original jurisdiction to issue such writs, was unconstitutional since it unconstitutionally expanded the Court’s original jurisdiction beyond what the Constitution specified. In other words, the Court appeared to decline a power but was only able to decline this power by assuming the power to review federal laws for constitutionality and declare them unconstitutional if found wanting. [continue reading…]
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by Stephan Kinsella
on March 13, 2025
By the late, great Petr Beckmann. On Amazon, and online here. “A collection of subversive jokes from the Soviet Union.”
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by Stephan Kinsella
on March 13, 2025
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by Stephan Kinsella
on March 13, 2025
Interesting article on Mises Wire: “A Tale of Two Legal Systems: Common Law and Statutory Laws,” by Ugo Stornaiolo S.:
It was the best of the laws, it was the worst of the laws, it was built on freedom, it was built on power, it was the spontaneous order of organic social institutions, it was the deliberate order of ideology and coercion, it was a stream of jurisprudence guiding us to justice, it was a tangle of statutes pushing us to restriction.
In short, law, either jurisprudence or legislation, can only be understood by comparison, and adapting the introduction of A Tale of Two Cities, we see two systems, common and civil law, and gaps in freedom between them.
Read more>>
He quotes my article “Legislation and Law in a Free Society.” See also the longer version, “Legislation and the Discovery of Law in a Free Society,” in Legal Foundations of a Free Society (Houston, Texas: Papinian Press, 2023); and related comments from Hoppe, e.g. at n.152 of this chapter.
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by Stephan Kinsella
on March 13, 2025
[From my Webnote series]
I recently had conversation with some fellow libertarians about how to interpret the governing rules of a given organization, and whether members of the group who receive information submitted to them are free to release this information publicly. I pointed out that the organization’s Bylaws don’t say we cannot release this information, to which someone else said it doesn’t say we can, either. I responded that the general rule is that we don’t live by permission; all that is not forbidden is permitted. In response, someone argued that this reasoning sounds like the excuse the state uses, for example when the US Government argues that its power is basically plenary, despite the enumerated powers structure of the Constitution and the Tenth Amendment, because of the interstate commerce clause in effect granting it broad legislative powers—an interpretation we libertarians usually criticize and reject. [continue reading…]
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by Stephan Kinsella
on March 12, 2025
I’m attending what looks to be a fascinating legal conference next week, “The Louisiana Civil Code of 1825: Content, Influences and Languages; Past and Future,” LSU Law Center, March 20–21, 2025. Somewhat to my surprise, I’m looking forward to it. Let me splain. (Note: I realize this post may come across as narcissistic or self-absorbed to some; I don’t care; in this case, it’s not for you. Some people are interested in this, others not. And one purpose of my blogging like this is to create posts that in effect can serve as searchable notes or “footnotes” for later use. So avert thine eyes if you don’t like it…) [continue reading…]
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