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Kinsella on Liberty Podcast: Episode 465.
GROK SHOWNOTES: [0:00–9:16] In this engaging episode of the Kinsella on Liberty podcast, Stephan Kinsella and Sheldon Richman tackle the contentious issue of pharmaceutical price controls under Trump’s executive order, questioning their equivalence to traditional price controls that distort markets. Kinsella, drawing on his extensive critique of intellectual property (Patents and Pharmaceuticals, 2023; Patents, Pharma, Government: The Unholy Alliance, 2024), argues that patents create artificial monopolies, so price controls countering these are not standard interventions but responses to government-granted privileges. Richman highlights FDA-imposed costs, which patents partially offset, though Kinsella counters that these costs are overstated, citing lower drug prices abroad (Drug Reimportation, 2009). They endorse reimportation as a market-based solution, referencing Connor O’Keefe’s analysis (Mises: How Trump Can Lower Drug Prices Without Price Controls, 2025), but criticize Trump’s coercive tactics as resembling a protection racket (Trump’s Worst Idea: Pharmaceuticals, 2025) (0:02–6:00). The discussion also critiques antitrust laws and secondary regulations, with Richman warning against Kevin Carson’s approach of layering controls atop privileges (Kevin Carson on Confiscating Property from the Rich, 2016) (6:00–9:16).
Grok detailed shownotes:
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Description and Summary: Kinsella andMemphis-based Robert Hessen and Sheldon Richman discuss Trump’s pharmaceutical price control executive order, questioning its implications. Kinsella, per his writings (Patents and Pharmaceuticals, 2023; Patents, Pharma, Government: The Unholy Alliance, 2024), argues that patents create monopoly prices, so price controls countering these aren’t standard market distortions, as patents themselves are government-granted (IP vs. Antitrust, 2005). Richman notes FDA costs inflate drug prices, but Kinsella cites lower prices abroad to argue these costs are overstated (Drug Reimportation, 2009) (0:02–2:28). They advocate reimportation, citing Connor O’Keefe’s market-based approach (Mises: How Trump Can Lower Drug Prices Without Price Controls, 2025), and criticize Trump’s coercive tactics as a protection racket (Trump’s Worst Idea: Pharmaceuticals, 2025) (2:28–6:00). The segment critiques antitrust laws and secondary regulations, with Richman comparing them to Kevin Carson’s flawed approach (Kevin Carson on Confiscating Property from the Rich, 2016) (6:00–9:16).
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Description and Summary: The discussion shifts to corporations, with Kinsella and Richman defending Robert Hessen’s view that corporations are contractual, not state-privileged. Kinsella argues shareholders aren’t liable for torts unless causally responsible, aligning with his causal responsibility principle (Van Dun on Freedom versus Property and Hostile Encirclement, 2009) (9:16–11:51). They explore Hessen’s rejection of respondeat superior, noting corporate assets and insurance cover damages, making shareholder liability moot (11:51–15:37). The segment challenges the assumption that shareholders are “owners” responsible for corporate actions, emphasizing action-based liability (15:37–24:04).
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Description and Summary: Kinsella and Richman critique left-libertarian hostility toward corporations, with Richman decrying the pejorative use of “corporate” by figures like Glenn Greenwald. They reject claims of corporate privilege, particularly around limited liability, arguing it’s not a subsidy but a logical outcome of action-based responsibility (24:04–29:34). They challenge Roderick Long’s example of a VPN company’s misconduct, asserting markets and corporate structures foster accountability via stock watchers and reputation (29:34–35:56). They propose updating Hessen’s work, humorously suggesting Grok could draft it, reflecting their pro-market stance (Decouple Trade and IP Protection, 2024) (35:56–40:03).
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Description and Summary: The conversation lightens as Kinsella and Richman discuss pipe tobacco preferences, including cherry, vanilla custard, and Latakia blends. They note FDA regulations and Trump’s tariffs affect tobacco imports, but recent FDA personnel changes may ease restrictions, aligning with their anti-regulatory views (40:03–51:04). Richman explains his zero-nicotine vaping, reflecting personal liberty in consumption choices (51:04–56:01). This segment underscores their resistance to overregulation, consistent with Kinsella’s broader critiques (Price Controls, Antitrust, and Patents, 2011).
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Description and Summary: The episode explores thick libertarianism, with Kinsella agreeing that individualism links to values like empathy but remains distinct from economics or ethics. They critique Roderick Long’s view that libertarianism implies opposing non-aggressive harms like bullying (56:01–1:02:28). Kinsella challenges Walter Block’s evictionism on abortion, arguing fetuses aren’t trespassers due to maternal actions, consistent with his debate with Block (Together Strong Debate with Walter Block, 2022) and his action-based responsibility framework (1:02:28–1:10:29). They discuss positive obligations, rejecting unchosen duties but acknowledging contextual ones, and conclude with a nod to libertarian debates, reflecting their analytical rigor (1:10:29–1:13:35).
Resources:
O’Keeffe (Mises): How Trump Can Lower Drug Prices Without Price Controls
- Sheldon’s facebook post about Trump’s price controls
- Randy Barnett, “What’s Next for Libertarianism?”
- Van Dun, Barnett on Freedom vs. Property
- Van Dun on Freedom versus Property and Hostile Encirclement
- Corporate Personhood, Limited Liability, and Double Taxation
- Wombatron’s “Why I Am A Left-Libertarian”
- Left-Libertarians on Corporations “Expropriating the Efforts of Stakeholders”
- Comment on Left-Libertarianism on Roderick Long’s “Sub, Ex, & Dep” Post
- Trump’s “Worst Idea”: Undercutting Patent-Inflated Monopoly Pharmaceutical Patents
- FDA and Patent Reform: A Modest Proposal
- Cato on Drug Reimportation; Cato Tugs Stray Back Onto the Reservation; and Other Posts
- “Patents, Pharma, Government: The Unholy Alliance,” Brownstone Institute (April 1, 2024)
- Patents and Pharmaceuticals
- “Decouple Trade and IP Protection,” Brownstone Institute (Dec. 4, 2024)
- “Price Controls, Antitrust, and Patents”
- Patents, Prescription Drugs, and Price Controls
- The Schizo Feds: Patent Monopolies and the FTC (Aug. 2006)
- IP vs. Antitrust
- Kevin Carson on Confiscating Property from the Rich
- KOL442 | Together Strong Debate vs. Walter Block on Voluntary Slavery (Matthew Sands of Nations of Sanity)
Transcript
yeah I was recording to the cloud I mean to the computer I want to record to the cloud Um yeah I just I thought we’d
record this in case uh one of us probably you says something brilliant Uh yeah we were going to talk about
corporations previously but then I just saw your post on um u on Facebook about
uh Trump’s uh price controls Um Oh yeah That’s one too I mean let let me mention
that first Um if if it’s a price control then I I I
well I’m not sure I oppose it unless it’s a typical price control I
mean I think you and I would agree on the typical reasons we oppose price controls I mean their their effects are
obvious Yeah Yeah I mean they call shortages because you have a you presume there’s a free market price and then the
shortage just makes it unprofitable to manufacture at the at at the at the
prevailing price But if if the prices are auto are inflated by patents
then I don’t know if the government granting a monopoly that allows you to charge a monopoly price and then the
government preventing you from using that monopoly is really that bad or is
the same thing as a price control I mean I think you left something out Okay The FDA imposes tremendous costs on the uh
on the drug on the pharmaceutical companies Now I’m not defending patents but they could be seen as some attempt
to do some offset We’re going to impose these massive costs on you testing and all this stuff which has been criticized
by by libertarians course of course and then they’ll say but we’ll also give you x number of years I I agree But you got
to be fair I I agree with that However but but let’s first of all I do think that the um the that’s the reason for
patents is not because of the of the FDA system Um no no but in reality though well in reality and number two um I
think that the costs of the FDA system are exaggerated Like I don’t I don’t think that when when um uh the
pharmaceutical companies sell these drugs in Canada and in India and in Europe at
say you know 25% or even more of the price here I don’t think they’re selling
at a loss No they’re charging the probably the marginal price Well I think they’re
charging above the marginal price Not the average price but the marginal price but they’re charging at at a profit A
little above the marginal price Yeah And I assume you als you also I assume would would agree I mean you know that the KO
some of the KO guys like uh Bandau and uh Krauss and Richard Epstein years ago
they were opposing reimpportation of drugs because it was a way to undercut the monopoly price the pharmaceutical
companies are charging here I assume you would you would be in favor of free trade and abolishing the ban on
reimpportation Yeah me m me m me m me m me m me m me m me m me m me m me is that guy what’s his name connor O’Keefe does uh printed but also video little
articles No he’s got a good piece I just watched today so it’s very fresh about No here here’s how to bring the prices
down Re free trade reimpportation right companies compete with themselves Yeah
but that undercuts your argument that they have to charge these high prices to to recoup their FDA imposed costs
because if there was free trade then they then we could just go buy drugs in Canada Yeah but he went he went after
patents too Keefe Yeah he touched on it Uh yeah he said they ought to uh maybe
reform it He said he didn’t go far enough because his main thing was about allow there to be look I’m I’m for
getting rid of all you know going after all that stuff but I don’t think it helps to put another layer Trump’s
executive order which doesn’t have a lot of detail of course well that’s my point I’m not sure that I’m just saying if it’s a price control I agree with you
except if it’s a price control that reduces a monopoly price to
something that’s not so much of a monopoly price it’s not the same thing as a normal price control but no well
it’s No it’s not Okay I can agree with you It’s not the same thing but it’s
intervention and you have to look Allah Bastion and Hllet You have to look at the secondary tertiary beyond
consequences Of course if the companies have to approach equalizing the price
right with the with the lowest price that’s being charged abroad So they’ll raise the price abroad so they don’t
have to lower the price as much Correct They’re going to lose
revenue for all this which is a bad thing because that goes into uh uh R&D
and the future we’re going to get fewer Yeah but if we have free trade is the same thing And by the way his his
executive order also indicates that the the the um whichever regulatory agency
is that that is it FTC that governs trade should look at reimpportation Um
so to me that you say that that’s good Yeah So if you have reation that should have been the main thing but it would
still be the same effect If you have reimpportation it would it would lower prices But see why can’t Trump do
anything via the market he’s got to do it Look he’s like salesman all over the world for arms and stuff Don’t those
companies have sales forces for the same reason that Canada Canada has a patent system but then they so they they also
allow these pharmaceutical companies to charge monopoly prices but then they impose some kind of price control I
actually don’t know if Canada imposes a price control by law or if they just their their socialized medical system
says we’re only going to pay this much I assume that’s it I don’t Well I don’t know And I don’t know what Trump I don’t
know what Trump is doing either Like maybe Trump is just saying Medicare Medicaid Trump has said to the companies
no this is outside of Medicaid and Medicare Trump has said to the companies you know adopt my most favored
nation rule now or else I will sick on you uh FTC Justice Department uh FDA In
other words he’s he’s he’s a protection racket Do what I want Yeah Make me happy or else sick It’s messy Yeah it’s messy
You’re right And it’s not clear what he would do but you know I don’t know if he has the power to change the law to to go
after them And and and and by the way the way I look at the the FTC and the antitrust laws is that exists already So
I look at the the grant of these monopolies to these companies in the form of patents as sort of coupled with
the restrictions on that because the antitrust law says you cannot abuse a patent monopoly That’s that’s a
violation of antitrust law So Mhm Um you know one way to not be in trouble with the FTC under antitrust law is to charge
a fair market price and not a monopoly price See I’m getting worried This is sound starting to sound like and you’ll
forgive me for saying this Kevin Carson Kevin Carson says “Well given the
privileges then there’s nothing wrong with the government putting restrictions on to somewhat reign in,” he calls those
secondary regulations to reign in the privilege And don’t get rid of the regulation until you’ve gotten rid of
the privilege You know Sheldon I thought we were friends and that that I know it’s an [ __ ] That hurt That hurts I
mean I read your Kevin Carson article the other day It was fantastic You like I love every word of it Um Well I think
in general I would agree if it’s a price control it’s it’s not the way to do it I mean like you said I mean Mises said
this controls breed controls So if the government gives you a monopoly and they also impose costs by the FDA and they
give you a monopoly in the form of a patent that’s going to lead to problems which is what we’re seeing now and the
solution is not to impose a price control The solution is to get rid of the the cause of the problem in the first place I we got we got to get
what’s his name david Lavine and Miklli Buldrren to reissue their book and come
out about how or reissue us just the chapter on the pharmaceuticals about we don’t need well you’ve written about it
too don’t need IP on pharmaceutical Yeah they they have and they they they they did have a couple focused pieces which I
used in my debate with Epstein and so and also um but the problem with Buler
and Lavine is they say these things like yeah we should just even a few cases where patents might be justified It’s
just too dangerous We should get rid of them and replace it with other things like government funding of research I
mean they they can’t go all the way either They’re not you know they’re not really libertarians They just Well right
And it was a purely economic case They were not trying to make a moral case or property rights case like like you do
Well but even their utilitarian case I mean they they concede that in some cases you there might be an empirical
case for patents but it’s just too fraught with with with with risk of you
know of of applying it the wrong way So we should just have a blanket rule None of the patents none no patents And if if
you need to fix a problem fix it with like government subsidies of research or something But anyway um I agree that
they should they should uh redo their case But I think they got a little after their book in I think 2008 they had this
paper about 10 years later which is even more radical in their conclusions about patents So um definitely definitely
moving in the right direction But um what you and I were talking about I I forgot what it was about corporations So
you and I were talking about corporations and I think you had or someone had mentioned u a review by who
was a review by uh one of these economists from about 15 years ago a review of the Hess or maybe 20 years ago
Henry Manny Henry Manny reviewed it in 79 when it came out correct that’s right
um yeah we we agreed that I wish he had said more I mean he slightly criticized
Hessen over the on the tort issue in in only one paragraph uh and said something like well he’s
over he’s given this too much thought anyway it’s not very important I wish he had said more and to my mind that’s the
most important thing because that’s the one issue like you can fairly easily persuade a a a an intelligent
libertarian uh that there’s nothing wrong with the the main aspects of corporations like
having them be able to be sued under one name or having perpetual duration those are easy to understand how that could
emerge from from purely contracts and even limited liability for for debts
because you could just say that’s that’s a condition of the of of the of the loan is that it’s a non-reourse loan or it’s
a recourse against the corporation’s assets only All those are pretty easy to
understand Um but the one final thing sticking point I hear with libertarians
is well what about um tors committed by employees of the corporation
and and Hessen’s answer and that of Roger Palon and Brian Rothbart too the
only ones I’ve seen that really dig into this is basically to reject the assumption of respond superior or to
limit its scope right well to people who actually are responsible wants to narrow the people
that actually are you know had supervisory you know you can’t just say well the whole corporation or all the
stockholders are superior so therefore they’re all they must all respond That’s not Hess’s position Correct But I think
that I think implicit in Hessen’s view and probably Rothbart and um maybe Palon
is the idea that yeah the shareholders are not directly liable but the cor all
the corporations assets are are are fair game But I’m not even sure if that’s right I mean yeah maybe the manager who
directed the guy is liable but why are all the corporation’s assets even liable
to satisfy a judgment um um unless you take unless you adopt some
some form of respond superior Yeah I don’t know the answer to that And
you know I don’t know the history well enough
Uh I guess I guess the theory would be un unless the guy did something you know
the the tortaser did something totally unauthorized uh that he
is acting under the authority of the corporation So their assets if if the
damage he causes exceed what he can pay then the the wrong person the harm
person should be able to turn to the corporation his basically the his boss
right and the boss knowing he might have that liability might have his own insurance and or the corporation might
extend the DNO insurance which my understanding is most corporations because there’s corporate liability
because of the assumption of respondiat superior which doesn’t apply to shareholders but applies to the
corporation because it’s seen as a person Um most corporations they have they have capitalization requirements
They have to have enough money and they have to have insurance Yeah So that you can’t just have a shell corporation that
that is a is a Yeah And which implies that the corporate veil is is is
relatively easy to pierce or else why would you buy that insurance correct But the law what the law says is
if the key sentence in Hessen in this section to me is these are my words
mostly He says in effect look it’s a moot point great corporations have huge
assets Correct First of all that’s what we mean by great corporation We don’t have great
corporations that have really meager assets That’s a contradiction Plus they have ample liability insurance So he’s
saying it’s a moot point What are you worried about this for so I Manny may maybe didn’t give him enough credit but
I wish Manny had said more anyway Yeah And so there’s a couple things I’ve focused on and and one
is Yeah So all these people that think shareholders should be liable like they think that would make a
difference but I don’t see why it would make a difference in most cases because you know it’s not usually going
to bankrupt the corporation anyway I it’s it’s it’s right But you know in in
some cases it would and and and and the causal analysis which is what’s
underlies Hess’s view that yeah the man the managers and maybe the board of directors who come up with the let’s say
the board of directors says okay to save money we’re not going to we’re not going to uh keep have maintenance on our
trucks and then the truck causes the driver to hurt someone then in that case
it’s not just the driver maybe the driver is not even negligent in Maybe maybe it’s maybe it’s the board of directors or the managers or the
supervisors who make those decisions And I do think causally you can trace the harm done to the victim to someone made
a decision which caused the harm Yeah Yeah And the point I tried to make to
these these libertarians attack who attack the corporate forum per se the
point I’ve tried to make to to them is the liability or negligence or you know
responsibility would has to be specifically shown Yes In in regard to a
particular individual if it’s a director or a manager anyway you you’d have to say you know here’s my case for why this
person is really responsible They want to make all shareholders and they think somehow it’s going to shut down the
corporation I agree with you It’s not They want to make everybody by by virtue not of anything they’ve done but but
just their relationship to the to the uh corporation by the fact that they own
you know one or 100 or a thousand shares That fact alone that they say counts for
responsibility not specific responsibility Right And to me that’s that’s the interesting issue is that
assumption there The assumption is this The assumption there’s a couple of assumptions libertarians make who are
critics of the corporation and limited liability One assumption is that shareholders are are
owners and number two that owners are responsible So I think both of those assumptions are just are not really
right because just because the government or the state labels a
shareholder an owner doesn’t mean that they’re an owner I mean what does it mean to be an owner it means to have the
right to use something right i mean you Well it’s a It seems to me I You own something and the something is spelled
out in the contract Correct You have a claim to dividends Yes Maybe a vote if
you’re a voting me uh shareholder Yes You have a you have a ownership in the
sense that you can sell the share You don’t need anybody’s permission You can just But yeah but do you have ownership
of the corporate assets you like if you’re a Google shareholder you can’t use the Google headquarters to throw
your son’s birthday Oh absolutely No absolutely right So you So but there’s still there it seems to me through
contract people can uh divide up ownership or rights of course in a
million different ways unlimited Yeah But but once you recognize that it it emphasizes that ownership is the right to control
u or or ownership is some kind of right So the the right of a shareholder is the
right to receive dividends if the company if the if the if the board decides to pay them and and and if if
the company is sold or or or liquidated then to receive a prorit or share of whatever’s left That’s that’s basically
the only rights of a shareholder But you know if if if you’re a creditor of the
corporation you also have the right to receive money from them to pay off you’ll be in line ahead of the shareholders Correct And so and so and
and if you’re a supplier of the corporation and you know you sold beef to McDonald’s then McDonald’s owes you
money to pay you for the beef Yeah Somebody argued a a good guy somebody on our side argued that there’s not really
a big difference between being a shareholder and a creditor That’s my point But that’s just it’s a forget who
argue but it was before I read your stuff So it wasn’t from you that I got this but I’m not you sounding the same
thing I agree Well I mean I wrote it for like 20 years so I don’t it probably wasn’t me I read something recently who
it was Rothbart Maybe it was in man economy and state even I don’t I forget Well but the the point is
that is that the right to receive money from an entity doesn’t mean that
you are responsible for what the company in other words to me it’s the fact that
the state labels someone as a shareholder is not determinative of the
reality I mean the reality is who’s the controller of the resource that causes things to happen to people So it’s the
it’s the managers and the supervisors and the board of directors Um and then
the second assumption is this assumption that ownership is the source of responsibility But ownership is not a
source of responsibility Ownership is a source of the right to control something It’s not
a source of responsibility The source of responsibility is your actions Right So
it’s it’s what you do Yeah And I and I I took that point in your in your uh your posts I agree with
that in your articles I mean if somebody steals your car I think this is your example Somebody steals of course if if
you left the keys in and left it on the street maybe you have to show it right but there’s there’s a negligence here
But but but the but in if someone steals my gun for example and they could use that to commit a crime the person that
commits the the the the crime is still liable even though they don’t own the resource you know it’s it’s it’s because
they’re actions And I’m not liable for what he did unless you can show that I
should be liable vicariously or secondarily with what he did And I might be if I was li if I was negligent for
example Yeah But it has to be shown Not just you got you have to show it It can’t just be it’s not because I’m the
owner It’s because I did something that contributed to the harm done to the
other person Agree It has to be so so specific responsibility not the fact that you are the owner of the gun And so
that’s my whole point is that if the state labels or classification I mean look the state why is why is a FedEx driver look
what what if McDonald’s uh I mean what if FedEx um instead of
delivering packages by having employees who drive their trucks what if they contract with another company like
Amazon and they they just pay Amazon a fee to deliver their packages for them i think
it happens vice versa actually Amazon Yeah but it could happen both It could happen there It could happen both ways But the point is
just because the law calls one person an employee and the other one a contractor it’s just a legal classification It’s
not it’s not a libertarian one or even an economic one Yeah Um I agree with
that But you know because you know in California Uber drivers are employees
because of a state ruling I think and but in other states I think they exempted Uber and less Okay But but the
point is it’s just it’s just an arbitrary distinction by the state and in other states they’re independent contractors So
I don’t think there’s a real problem here Some left libertarians are making it a problem And because for some reason
they they culturally cannot accept Look remember how I started this whole thing off it was so long ago you might well
forget I I’ve been putting up on social media and and other places saying
libertarians or actually I been saying it to everybody but especially libertarians stop using the word
corporate as a porative Yes Whatever crimes or sins the media the old media
is is committing it’s not because they’re corporations Rand would call that definition by non-essentials In
other words ABC or the New York Times yeah there’s plenty to criticize them
about but the but the root of the problem is not that they’re organized as a corporation That gets push back
unbelievably gets push back Well because I don’t know if people are lazy or they just don’t understand business law
because there are different types of business organization There’s sole proprietorships there’s partnerships there’s limited liability partnerships
and there’s other things too There’s joint ventures and then there’s there’s other bizarre legal legal forms of
organization in other countries that are not corporations So why would you focus
on one and it’s become it’s become a bad word The the left began it I mean Glenn
Greenwald uses it all the time All those guys use it and then libertarians have picked it up Dave Smith uses it I Bob
Murphy was using it but I Bob Murphy and I did a show on it because I wrote to him and said don’t use corporate as a
pjorative that’s aiding you know as I put on on on Facebook a few weeks ago uh
using corporate as a pjorative is not ancap it’s anti-ap
capitalist it’s it’s aiding and abetting the people that hate markets so as best I could tell there’s there’s two reasons
these people oppose corporations one is they just hate bigness Right They hate they hate big they hate the idea of
employment and that way that capitalist’s way of doing things Yes That’s and they and they hate uh large
largeness Yeah Um and number two is because they think there’s some kind of privilege associated Right And I and
I’ve said over and over again somebody identify for me right the privilege without which the corp a corporation the
corporate form not any particular corporation but the corporate form could not endure That’s that’s the basic
question Nobody has answered me Tell me the privilege In other words there’s no
inherent privilege Tell me the privilege without which the corporate form could not survive There’s no They think the
privilege is that shareholders are owners and therefore they should be responsible and they’re not responsible So they have a privilege It comes down
to tort liability But sometimes people don’t even know the distinction between tort and contract and they just say
limited liability Correct They even think that means in debt terms of debt Correct Yeah Um and see even Rodrik Long
has fallen for this It’s a real shame Did you see the other day he put up a a story about a VPN company which and I’m
not questioning the story it may well be true is not recognizing that some of their subscribers have signed up you
know lifetime subscriptions right yeah I think it’s So he puts that up and says and he was referring to you too because
he named you and me he puts up there I was just reading the other day that libertarians say the corporate form
encourages or fosters accountability right well you put up one misbehaving
company and that’s a reputation of our point that the corporate form is legitimate as long as it doesn’t get
government favors How what kind of answer is that he’s smarter than that Well I mean there’s such a thing as
breach of contract I mean people can breach contracts and corporations can breach contracts He doesn’t indict the corporate form though But he’s the law
the law should have a remedy He finds one First of all libertarians forever have argued that markets foster
accountability Correct I would argue that the corporate form does too because you have stock watchers who sell their
advice to people They’re watching companies all the time and advising people on what’s the prospect for future
return So it does foster accountability That doesn’t mean nobody ever cheats
That’s never been the promise It tends to So why doesn’t Rodri know that he does know He knows it He’s just trolling
now Yeah And uh trolling you and me Let’s not get into the thickism thing because we I think we disagree a little
bit on that but I think it’s because I don’t mind the thickism I mind I I I’ve I’ve renounced the leftism Yeah You know
I was once kind of part of that group I mean I was always uneasy about Carson He’s no pro market guy and he’s But but
Long was always solid But I I liked it because I don’t want to
be known as a right-winger right i I thought okay I’m going to adopt left libertarian I like some of what they’re
saying reminding people there is a lot of favoritism in this in the you know government favoritism Uh but I never
liked the predictions I never bought the predictions that you know under Lazy Fair you know there won’t be hierarchy
anymore Everything would be flat or either very flat or totally flat Um there rent would disappear interest
would disappear profits would disappear That was bull I knew that was bull and and Gary Chararda would talk on the we
talk on the phone all the time saying I don’t think that’s going to happen Lots of people will want to rent rather than
buy They’re early in the career They don’t know whether want to be employees be employees Want to be employees They
want to own their own companies That’s a pain in the neck and and companies fail a lot You know most and he agreed with
me We never bought the Carson uh predictions I think Carson Carson one
time said something like it’s almost impossible in a freed market a free market a freed market for anyone
to make more than $250,000 a year and anyone who does is is almost certainly
getting it because of some government privilege or something In other words but it’s just ridiculous I mean you
could think of lots of people that I mean JK Rowling could become a billionaire without copyright in a free
market I mean and especially in in these days of both the internet and a global market and you know who writes about
this Tyler Cowan in his love letter to big business which has a lot of good stuff in it has some bad stuff too but has a lot of good stuff these days where
you’re marketing worldwide and so much of it is internet the web a CEO has to
know much so much more than he needed to know say 50 years ago before the globalism was as big and also as
electronic and you know cyber makes a very good case for why They earn their money You know Carson’s idea is no they
just they’re all on each other’s boards of directors It’s just a big club They’re putting each other in in CEO
positions paying each you know each other all this money Well you had the thing about what is it free floating
capital not owned by anybody What the hell he’s a rationalist That’s pure rationalism in the worst sense right
detached It’s reason kind of detached from reality Are you familiar with Sean Gab at all i
know that name and I I used to have contact with him I’m not sure where now but he’s he’s a friend of mine He’s a
he’s a English libertarian He’s he’s kind he’s anti-
anti-corporation too We we’ve we’ve discussed this before in print and in person And his argument is basically
again it’s it’s this idea that if you’re the shareholder you’re the owner and they should be responsible But it’s this sort of sense they have this hostility
towards the corporate big business thing but they sort of think that if you divide responsibility from the owners
then you get uh irresponsible behavior So I I think that they think that
shareholders if they’re not on the hook they will vote for policies or for
irresponsible board members who will cut corners to maximize shareholder value at
at the expense of harming other people And so I think they sort of think that
if you disconnect ownership so they just don’t like they think that in a free market where every shareholder is
responsible every owner you just wouldn’t be able to have these large these large corporations because it
would be just too risky to be a member of it That that’s just and that’s again getting into the prediction game right
yeah But we do we do have big corporations and it’s not be I don’t see a case for it’s
because of the thing he’s saying First of all the corporate veil can be pierced
and there individuals who do are responsible can be on the hook So I’m I’m not again this seems like
rationalism right it’s it’s working it out in your head without any reference to the real world Well I think it’s
because a lot of these guys they just don’t work in corporate America or you know they don’t work in they’re not they don’t really understand how they how
it’s not the picture that they present of of big business We do it a priority Some things can be done a priority like
misasseconomics economics but some things can’t be a a priori which is the same as rationalism right you work it
out up here I don’t need to look My my eyes are unnecessary Just the bumblebee
can’t fly Oh but look out the window Well I go with my ideas not with what’s out the
window That’s you know I mean in in a in a sense it’s true that like a big state
like the US government which spends trillions of dollars by paying people to
do things a lot of the companies that they pay to do things are going to be large corporations like you know the
defense you know the military contractors Um but
they also you know the federal government employs millions of individual human beings as their
employees that are the workers that do all these bad things It’s impossible for this fictional entity called the US
government to do anything without dealing with human beings It’s just the
way it operates Yeah Yeah And you can criticize you know military contractors
You can criticize particular companies for things you think are are bad But it’s not because they’re corporations
that’s the problem right it’s not the corporate form They want these these left libertarians want to pin on the
corporate form per se that in under anarchism and and full property rights
in their view there would be no corporate form and they don’t make the they’ve not made their case and Van
doesn’t do it either that article in the Freeman which came from a larger journal article published somewhere he he makes
the case that the state is the is the uh you know
the the perfect not that it’s perfect in the sense of good but I mean the complete fictitious person and
corporations are sort of lesser fictitious person so if the state’s bad these have have to be bad it’s a
platonic thing right that’s the form of the fictitious person but it’s bad And these are only the
imperfect reflections of it but they’re bad too It’s the fictitiousness of it that he doesn’t like So he sees the similarity is in the fictitiousness of
it But to my mind it’s just concepts are just the way we organize the data we have to understand things in in
hierarchy hierarchical ways And by the way you’re talking about Frank Van Dunn right um Frank Van Dunn Yeah Yeah Yeah
He’s written a lot in in the journal libertarian studies Yeah
Um yeah I and I know and like Frank but I think he’s also a little I won’t say he’s actually like an interesting
arisatilian anarchist thinker but he is very legal
positivist in the way he thinks a lot of the time because he’s just so used to the the state legal system way
of you know like for example I think Frank and I he he he thinks there should be trademark law Um yeah he’s he and he
doesn’t like he’s in favor of defamation law and blackmail I think because the
law has always treated them as offenses So he just incorpor and and wants to say you are
really harming a person even but he doesn’t get into well you can’t own your
reputation It doesn’t get into that It’s more like this is another way to really harm a person And when it’s and on the
surface it certainly makes sense If I spread around town word that the local
rabbi is a child molester falsely knowingly falsely too Yeah I could destroy the guy and there’s something
wrong with that It is But but the libertarians distinguish harm from from Well I know But it’s a trespass But no
but the point is it’s terrible thing to do to somebody who’s of course it is But but again if you’re if you’re an
Arisatilian and you think in terms of natural law and natural rights and all this you’re going to mix these things together because if it’s immoral at a
certain point it becomes illegal Um and in fact Frank wrote a piece for Hapa’s festrift um uh where he he says “Look if
something like if you have to choose between freedom between freedom and and
and property rights you have to choose freedom.” like they think that there’s a
tension between property rights and liberty and freedom You know who’s talking like that these days randy
Barnett Yes I know I know And and Randy I read his recent book and he he he he
suggests and he wrote he has this article where he’s proposing what he might cover in his um in his new book on
liberty libertarianism where he’s going to say “Well yes.” Uh yeah So yeah you
have to maybe in other words it’s not just aggression per se or aggression committed by the state Also corporations
have a lot of power Yeah And so but the problem and he’s very and he’s very proTrump you know Yeah He was
interviewed by Reason He seemed awful upbeat about what Trump’s doing On the corporation itself I like Hess’s point
that and maybe you can correct me on this because you know you know the law and the history of law I’m getting it
from Hessen so I don’t have it anyway firsthand but he says there there was never any reason it’s a sh it’s a it’s
sad that the the courts in I get and he’s primarily talking about America but maybe it’s true of England too thought
thought of the corporation as an entity and and did a lot of interpretation of it as an entity he said so he says
number one they shouldn’t have done it and number two they didn’t need to do it I totally agree with them and not only that he tops what what he calls and
maybe this is a standard term the inherit theory it’s all the result of contract and voluntary association but
the courts often thought of it no it’s a fictitious person as far as I know that that’s his theory which I think is is
basically correct but but again it goes back to so the way I would look at it is when people say that shareholders have a
privilege because of limited liability they’re assuming that they should be liable under any any legitimate legal or
tort system but because they’re just making the assumption that they’re the owners because the state calls them
owners owners and they should have responsibility But the way I would look at it is it’s not a privilege because they shouldn’t be responsible in the
first place for the tors of the truck driver unless you can show a causal connection which I think you and I are
both saying look there’s lots of people that might be causally vicariously responsible for what he did Managers
supervisors maybe decisions by the board but it’s but it’s not necessarily shareholders because all they did was
buy a share And by the way they might call a shareholder not They might not
even have bought it from the company Like most shareholders they buy it from the from the company when it starts and
they give the company money That’s how the company raises money But if I buy it on the secondary market I’m buying it
from an existing shareholder I’m not giving the corporation a dime No it’s derivative You’re you’re you’re buying
the thing from the one who did give the corporation Correct And so and and you know you you talk about ownership
Obviously there’s got to be ownership because this thing has a market price and it trades It trades among
individuals Well right It has a value because it has certain rights You could
like But again you could if you have a debt you could sell the debt as well because a debt’s a potential future re
revenue stream Yeah But you’re not going to get dividends if the company views dividends right no but not every shareholder gets
dividends either I mean you know uh necessarily Yeah But he’s a potential dividend recipient a bond holder I guess
isn’t correct But yeah but but the point is
you you could you can think of lots of people that that give aid and support
you know aiding well taken in your piece the employees the creditors the suppliers the customers they’re all
giving McDonald’s money or FedEx money Yeah Yeah the guy on Fox said that uh by
since we’re Amazon customers we’re paying for Jeff Bezos very expensive wedding
But I tried to answer him and say no we’re not But that’s the end result of the thinking is that if there’s any if
you if you’re a they’re viewing the corporation as basically a criminal organization and anyone who helps it is aiding in abetting If I took my salary
from my employee my employer and I go out and buy a gun and hold up a bank my employer gave me the money to let me buy
the gun But but but that’s my point is that if you if you don’t have a a careful causal reason to hold a second
person liable for the tors of a first person then there’s no end to this And then we couldn’t do anything as society
because we’re all helping each other live in this capitalist world and we’re all and then guess what that the result
of that is you know taxpayer funded insurance of everything Yeah No no we
need that’s why we need to sna smash this this view and this this this view
that’s coming from libertarian Every time I post something about corporation it’s libertarians who push back Now a
few non-libertarians chime in but I’m mainly getting flat from libertarians saying that’s not a libertarian position
Is is Hessen still alive or is he No he died a few years ago Yeah Um he was not a young he was not a young man Well
maybe maybe uh Richmond and Consully need to write um um in defense of the corporation part two I remember that
book came out I was in working in my first Washington DC libertarian job The Council for a Competitive Economy and we
got the book in from Hoover Institution published it and uh it’s not a very
thick book Doesn’t take long to read and as as Manny points out it’s mainly an attack on NATO So some of it it’s a lot
of it’s dated because NATO was going for national charting chartering with a lot of obligations imposed in return for the
charter So much of it was really aimed at Nater So a new a new revision of the
book would have to you know you could push that stuff aside That’s history Nater is not talking about this anymore
He hasn’t talked about it in a while And go go just for the stuff that’s
specifically on the corporation I think we could do this in five minutes All we do is I I I I put this on Google I get
it on on YouTube and I get a transcript and I give it to Grock and I say “Grock here here’s Hess’s book Here here’s a
couple articles we wrote and here’s our transcript of our conversation Write a new definitive chapter on this topic
Then it’s done Can we put is does Grock get a by line yeah we Yeah because you and I believe
in giving credit even though the copyright law doesn’t require it I feel a little funny having Grock share the by
line That would be funny though No I feel funny not having Croc share the by Yeah Yeah why not look fake
No the good thing is that way if if there’s a mistake we can blame it on Grock later
But uh yeah I just don’t it’s it’s just it’s kind of funny that I get all this flack It’s one thing to get it from non-
libertarians but from pro market you know the other thing is this is as I think Hessen maybe implicitly points out
or points out the corporate form makes it easier for victims to to because they
know who to sue right yeah that’s right I mean it makes it easier for them to file a lawsuit if there is if there’s a
harm the the quote entity status right what’s your goat you have a go-to
tobacco Well I’ve been trying some different ones I find it hard to get a cherry
flavored which I like Oh cherry Yeah I just I just got this one in the mail just the other day Oh yeah I like their
regular Oh I I haven’t smoked that in quite a while So this just came so I’m trying it right now and it’s it’s okay
Um and I tried this apricot one the other day because they didn’t have um and blackberry I like when I can find it
but this place I go to in Houston only has one blackberry and it’s okay So yeah
Do you have What is your go-to well I got a few I have a vanilla custard from Sliff the companyy’s going out of
business because McBaron owns them and now McBaron has been bought by the
Scandinavian Tobacco Group and they’re going to do away with a whole lot of the blends because they have like a thousand
different blends And I can’t believe with smoking being so unpopular in the world today that those blends are really
making any kind of profit So a lot of them are going away But so I I I bought 4 ounces of their uh what oh it’s cold
notes over there It’s called um vanilla custard So it’s a nice kind of sweet thing But I also like uh you know
unflavored like like an English blend Latakia Oriental Periq So this is a corn
C cornell and deal which is a very good company American company called Bazanthium I like that And you get it by
mail or in person or in mail by mail i got it in the mail Mad Fiddler Flake is another one I like that’s kind of quirky
Do you get it from independent companies or is there like a good a good website that has all those there’s two places I
order tobacco from Smokingpipes.com Okay that’s who I get this from Yeah that’s very they’re very good And I I kind of
by email know the guy that runs the whole company Sykes Wilford his name is and they they own the Peter they bought
the Peterson pipe company I mean they’re very active company And then um pipescigars.com is also very good I
always get very good service I uh I go for the lowest price I’m not really an expert I I did I’ve been trying
different pipes I got one pipe that’s a huge one with an interesting shape But what I and I also have some Miran pipes
I bought in Turkey Mam are cool I have a few small mirum I don’t have any large mir Here’s another tobacco I like Used
to be called Dunhill’s white capus Now Dunh Hill decided he didn’t want to have his name on tobacco
anymore So Peterson took it over And uh this is this is again Latia English You
know speaking of big pipes this is one of my father’s pipes I love this Smokes beautifully It’s a it’s called Senade
Got beautiful grain Look at the grain on that thing But the ones I really I tend to like these flat ones that have a flat
bottom so you can set them down Yeah With without having to have a stand That’s my my favorite And uh that’s a
nice pipe Who made that pipe this is um um Savanelli Oh yeah I got because they
have that filter system with these little these little triangular balsa wood uh filters And I know a lot a lot
of purists don’t like those because I know they throw them out the moment they get the pipe But that’s to me I’m not a
cigarette smoker I don’t I like to I So these little things here Yeah I got them I got seven I got I probably have I
don’t know three or four maybe even five seven L So I like the filter system because it sort of cleans it up a little
But um yeah whatever the point is pleasure Whatever gives you the most pleasure Well it’s like uh someone said
about wine you know all these people that are wine snobs and they’ll say “Oh you can only drink red wine with uh meat
and uh you can only have white wine with fish right?” And this guy guy said uh uh
uh and I don’t drink anymore by the way I think it’s all it’s all [ __ ] All the all the all all the all the wine
snob stuff It’s complete [ __ ] But but some guy said you know the wine is
for you You’re not for the wine So if you want to drink red wine with fish or white wine with the steak just [ __ ]
do it You know you don’t need permissions No Abs Absolutely And I heard that that rule’s kind of gone p
anyway But um you know there are tobacco snobs who would say uh you’re smoking an
aromatic you know fl something flavored like I vanilla you have cherry Yeah They would say I would never touch that or
borham riff That’s a drugstore blend Although drugstores don’t carry this stuff anymore They used to Um here’s one
of my mir It’s a little one That’s nice Plenty of color on it Look at all that color How do you What kind of stand do
you use for that uh I keep it in this Yeah But when you set it down you don’t have a stand Oh no I don’t set it down
It’s so small It’s a very small bowl so it’s not going to take that long to smoke it anyway Uh no I don’t You can’t
set I have some that you can’t set down Well the weird thing is and I used to smoke cigars but it’s almost impossible
to find a flavored cigar except for the real cheap ones But at least for tobac for for pipe tobacos for tobacco pipes
you can find good good tobacco that has flavoring Yeah definitely Yeah Whatever
you enjoy And uh look I grew up my father was a pipe smoker I can remember a couple of the
brands He gave me a pipe and and and Cherry Blend Middleton It was that was
actually the name of of a blend Cherry Blend by Middleton And I don’t know it must have been 15 or 16 because he
didn’t want me to experiment with cigarettes So he said “I’m gonna give you a pipe.” And of course I was kind of
young I wasn’t gonna go walking on the street smoking a pipe but I had but it got me started And uh well I don’t do I
I I’ve never smoked cigarettes and I can’t smoke I go crazy But um a lot whenever I know someone who used to be a
smoker and they a cigarette smoker and they if they try a cigar or or a pipe
they just inhale the whole thing and they start coughing and they inhale When
I was a kid with well you know a young teenager with with friends who did like
did take up smoking and but in those days you know you could buy it in a machine for 35 cents Yeah You didn’t
have to even be you know 18 or 21 I couldn’t inhale I cough like crazy And
I wasn’t going to teach myself to inhale So I never I can’t either But but I find that cigarette smokers they they’re
unable to usually unable to withdraw to to to avoid the impulse to inhale Yeah
Um and I keep telling them don’t don’t inhale the pipe And they just like a reflex They’re like well then what’s the
point i’m like yeah well you don’t need it right with cigars or pipes
Oh I would never try to inhale pipe smoke and it’s superfluous anyway In
fact I don’t even I don’t like getting a nicotine hit from tobacco from pipe tobacco Some people do and some maybe
when I’m getting since I’m getting older maybe I’m getting more tolerant but smoking blends that had say peri in it I
could sometimes my head would spin my stomach was queasy my legs were rubbery What is that what is peri periq is a uh
a leaf that’s processed in in one parish in Louisiana St James Parish I believe
it is I mean it’s amazing The soil for some reason it’s like one place on earth
and it’s in blame blends Uh it’s very popular Nobody you don’t smoke it straight It’s a kind of a peppery spicy
thing And it often gets added to Virginiaas V So V So they call them
vapors right v VA va and then perr for peri So they
call them you hear the word vapor VA p That means a Virginia peri blend Now
it’s added to other things too This has peri in it but has no Virginia So well
I’m g have to try it U just because Louis Louisiana is my home state you know and Oh well you Yeah you’re
definitely going to try that It’s just like uh you know Tabasco which is famously from New Iberia Um you know
they have this special pepper that grows there and I don’t know if it really makes a difference but that’s what that’s what their claim to fame is Be
peppery It can be kind of raisiny like dark fruit Uh it you know this is very
subjective stuff Your palette is I always tell people I’m I’m blessed with an unrefined palette I can like a lot of
tobacos There are per there are perfectionists who you know they have a certain couple of blends and no I can’t
eat I can’t try anything else I only like these Uh I like almost any tobacco Well I’m impressed Make my head spin I’m
impressed you called it St James Parish You know you know the Louisiana distinction there Most people get confused Right Right Well I knew that I
did know that And uh because there have been lens that had the name St James in it too to because it because the per was
coming from there you know some of the best I don’t know if you have ever had any lataka blends but it’s it’s one of the main ones of what’s called an
English blend or one of the main leaves And most of it comes from
Cyprus but for some very good uh lataka comes from Syria but with the civil war
it wiped out everything So there’s not been cereal lataka now for years And it’s it’s really delicious And it gets
mixed You don’t drink you don’t again you don’t smoke it straight It gets mixed in Have Have you ever tried a hookah
i think when I was in the Austria once I tried a hookah at a at a like a tea bar or a tea place I’m going to I’ve tried
it in the past and when I go to Turkey and I’m going to when I go back to uh Bow Drum this this September for Haplas
conference I’m going to because they’re hook they’re hook bars and uh and I think it’s the same thing as similar to
a pipe It’s like you don’t inhale it It’s a water it’s a water pipe right it’s like a water bong type thing with a vapor thing but it’s you’re smoking I
forgot I’m not sure what they burn I’m going to investigate Put oriental tobacos in there Some kind of tobacco or
something It must be tobacco I mean I’m sure it’s not hashish No no it’s not it’s not um it’s not it’s not a drug
like u it’s more like tobacco It’ll be oriental or Turkish and oriental almost used interchangeably for tobacco Uh and
and lataka from Cyprus Um that’s probably what’s There’s a whole bunch of
different oriental tobacos or Turkish So do are Trump’s tariffs hurting the
import of your tobacos well I haven’t noticed it yet Uh because the FDA has
been down on you know tobacco for years although one of you know they cleared out a whole lot of people from the FDA
once Trump came in And I I was informed by a guy a pipe guy who’s really involved in the pipe industry let me
know that one of the people who got fired on Mas from the FDA was the guy who was having all these controls on
tobacco and nicotine He’s the guy that wanted to outlaw um menthol cigarettes
which offended a lot of black people because most menthol are purchased by blacks But also they want to reduce the
amount of nicotine progressively in cigarettes to like close to zero I guess that guy’s gone So that’s good
Yeah Yeah That that couldn’t have any unintended uh consequences could it um well it’s sort of like these vape pins
that got popular in the last several years I think haven’t they outloaded a lot of the flavors that are like marketed to kids like I don’t know
orange or grape or something they’ve done it in some states where they’ve done it nationally I’m not sure but they
want to do it They think they think that’s an attraction to kids First of all adults like the flavored Yeah Now I
had you know I don’t smoke inside because of my agreement with my landlord but I do vape And I have a couple of
these little things not real expensive ones I mainly This is a vape Oh they What what but what is it i thought most
people that vape were trying to get rid of smoke They’re trying to become non-smokers So I assume they inhaled
Well you this I can inhale It’s not the same as inhaling smoke First of all this is this is a tobacco flavored but zero
nicotine So it’s like a little capsule with liquid in it and then it it gets vaporized Well you you you take a uh you
have a little squeeze bottle with the stuff in it the eju it’s called And then you take this top off and then you
squeeze some in You know that goes up to the you go up to the line right there And then you put this thing back in
which makes it all go all the way up to the top And then it lasts Well it depends on how much you vape I don’t
vape that much But when I’m inside and it’s too or it’s too hot to go outside to smoke or it’s raining or it’s too
cold then I get some tobacco flavor But I have another one that has uh like
nicotine Tobacco flavored but with nicotine But adults like flavors regular
flavors too I’ve bought in in the past I bought flavors like again But you inhale that or you just smoke it like a pipe
this I do inhale because it’s not as heavy as pipe or cigar smoke I can do that without like going into a coughing
fit I couldn’t even inhale a cigarette without going into a crazy coughing fit I’m just not used to that I could teach
myself but I never wanted to This I can inhale with no problem You don’t need to because there’s no
nicotine So I’m just getting the flavor in the mouth So what’s a good brand like that one looks like a Is it battery
powered you recharge it yeah you recharge it This is called Aspire Breeze I think there’s probably more
popular ones now I’ve had this for I don’t know five years or so This and this is another model of Aspire called
the Sprite And they have you just put a liquid in with water in it or is it like a No
water You just put it right from the You buy the bottle They have little bottles or big bottles and you just you know
it’s got a squeeze you know it’s got like a dropper top or kind of a little top on it You take this this this top
off and so you open up this chamber This doesn’t come out This is all Okay So there’s a reservoir in there that holds
it Yeah there’s a reservoir in there You just like I said you squeeze the stuff in and you go up to this line because when you put the the coil and and the
mouthpiece back in it’s going to raise the limit Otherwise you don’t want to overflow it Yeah There And this wasn’t
very This is like I don’t know what this cost $30 I don’t know what it is today but I haven’t been to a vape shop in a
long time But it’s a pleasant taste if I can’t go out and smoke I don’t think it’s nearly as satisfying as smoking the
pipe No way First of all you don’t get as much smoke The cloud’s smaller No you can buy
more serious vape that are you know kind of bigger more power more controls on it
I don’t I never got into it My son has one that’s more like that And there you can get they even have contests for how
big a cloud you can you can blow They have contests
The things we humans will do to uh enjoy our uh our capitalist wealth
Exactly right But smoking courses been popular for a very long time Yeah I have this little uh Elizabeth and in the days
when tobacco was so expensive that you people could only afford a pinch This is
a clay pipe Elizabeth and clay pipe Look how small the bowl is Oh interesting But it’s you know it’s like it probably take
you less time to smoke that bowl than a cigarette Yeah But I I was a bit of a collector I don’t
have a a huge collection and I never spent a lot of money on a pipe I never spent more than about 120 bucks on on a
pipe and and that was that was very rare that that I got to that level Most of mine are 60 70 you know 7’s are very
moderately priced nicely made pipes You go wrong 7L
and there’s all right well I guess we agree Yeah we don’t have any debate over pipes
Uh no I mean pretty much agree on corporations and uh we’ll save left libert not left libertarian We agree on
left libertarianism We we’ll we’ll we’ll uh go to thick libertarianism another
time But you know the Randians are thick libertarians right that’s not synonymous with left libertarian I know I know And
and my problem with that is more of a meta problem It’s like they try to take credit for
something that is is is obvious I mean what’s obvious is that there are many disciplines that relate to each other I
mean you can’t be a good libertarian if you don’t know something about economics and history for example But they’re not
the same thing And and you wouldn’t care about being consistent and being just if
you didn’t have values other than libertarian values but they’re not the same thing So no when Rodri tries to in
these these thickers they try to say that there’s a host of I forgot what
word they use um uh there’s a host of values or comm
commitments commitments that you have by virtue of being a libertarian that als yeah that also imply that so like if
you’re against aggression you should also be against bossing people around or
push but to me those are Which again is why Van Dunn and these others say that well we’re really for
liberty and freedom and if that conflicts with property rights we have to choose liberty first or something like that or or freedom as if they can
conflict Well I look I can see the point that if you’re a libertarian and you’re
committed to individuals you know making their own decisions because you know I want to make my own decisions I and and
I also benefit when people make their own decisions right stuff like that It seems to me there there’s a relation I
won’t say you know he won’t say it’s logically entailed or that libertarianism demands it but he would
say let’s say you’re you’re exhibiting you’re you’re watching somebody bullying someone else He’s not using any force
Yes He’s just you know and real bullying not a borderline case You’re going to be
revolted by that scene Yes But as a person as a person But he would also say
that your commitment to individual liberty also will make you Yeah But you could also say your commitment to your
your commitment to uh your empathy for the weak and your and your and your and your and your empathy for other people
Well you can have more than one reason But my point is your your your values of just being a decent person is why you’re
a libertarian I mean they go it goes both ways Yeah But he but he he can he’s just giving an additional reason I mean
look we can concede that somebody can be a libertarian and a racist Yes And an or
an anti-semite or anti-atholic or you know anti- anything anti-gay whatever
and still you know never initiated force Uh but if you’re an
individualist something about racism ought to make you recoil I agree But it’s because you’re even though that
person’s not using any force he’s not Yeah But it’s it’s because you’re an individualist Not because I mean yeah
but his individualism is at the base of his libertarianism That’s I agree with that too I I’m arguing kind of what
Roderick would argue and no but there just distinct things Yeah I buy this point of part of it No but it is seems
to be it’s linked is they are linked but it’s linked to the libertarianism Yeah
But you could say that mathematics and economics and and philosophy and logic commitment to the free market
maybe is I don’t see about mathematics Well because because that’s not libertarian
Well if you don’t understand anything about math then it’s going to hamper your ability to make a good case It’s
not just understanding I mean you know a libertarian is is an individualist
Well well let’s talk about that And methodologically right well method methodology Well meth methodologically
it means that the fundamental actors that we’re analyzing are individuals Okay that’s true You don’t want to you
don’t want to see You don’t really want to not that you have the right to use force to stop it
because force isn’t being used by the other person but you don’t in a way you don’t want you’d prefer not to see
uh existential violations of individualism through you know racism or
anti-semitism Maybe Megan got at it once I don’t I forget where I read this many
years ago so I don’t know where I saw it but Megan was Megan once wrote “I don’t like slavery because I don’t like
slaves.” I think that’s getting at it Yeah And you know I mean even Nichi
talks about slave morality and things like that but but it seems to me the left who hate you
know say they hate slavery because they they like a different kind of slavery but they wouldn’t like the Mean Line
they would say that’s not a reason not to like slavery You know they’d have some other reason because they
mistakenly think slavery is bound up with racism which it isn’t of course Right Right
Um I think it’s just common sense that uh of course we’re libertarians Our only
value is not liberty but it’s one of our values as a human If you’re a decent human and one of the reasons to be
libertarian is because you you have decent values I mean if if you’re a complete narcissist and hedonist and
have no empathy for others it’s very unlikely you’re going to even pursue the line of reasoning that’s going to make
you passionate about the defense of liberty Yeah I mean you could theoretically it’s possible but it’s
just unlikely right yeah And it’s also unlikely that you’re there have been people kind of quote on the right who it
seems from things they’ve said on social media are were attracted to libertarianism because somehow it would
protect their racism because hey if we have full property rights then I can sure I never associate with black black
people or something like that So that makes me nervous Yeah And but I think that there are I mean you might like the
free market because you could be rich enough to buy a big a big piece of land and and keep keep the blacks away I mean
that might be your particular motivation Yeah Um but so what but I think the
Rodrik point is you know it it violates the spirit of libertarianism not the letter These are
my turns now The spirit not the letter Yeah And and I guess I would agree in general uh as a as a decent human and
someone who is a libertarian because I value other things than liberty and they all go together They complement each other But I would just disagree with his
particulars Like my thick values that complement my libertarianism don’t lead
me to have a a revulsion towards the idea of having a job you know or employment I don’t I don’t see
employment and hierarchies as bossing people around in a more in an immoral way
No I agree with you totally Um um yeah I don’t like this idea that wage labor is
and this is the way Chsky puts it although he’s he’s no well he would say he is a libertarian that we stole the
word but he’s no market guy He thinks that wage labor is simply a step renting
a person is just a step away from owning a person That’s what Chsky says But you know who’s a left libertarian who
wouldn’t use the term in recent years lou Rockwell And somebody dug up an article he wrote some years ago back
when this was like a big debate going on thick versus thin and left versus non-left Rockwell had an article about
how bourgeoa values are inextricably linked to libertarianism He once he once
said that he didn’t like the Marx Brothers movies because it made fun of bourgeoa values and bourgeoa culture So
he’s a thick that was a thick libertarian almost defending him but that’s a thick libertarian position
I don’t I mean if you could make an argument that boogeoa values
um uh are almost necessary to make you a good libertarian theorist or thinker I I
don’t know I I what’s what would the argu what’s the what’s the booge i can’t remember I
don’t I haven’t seen that in years but somebody found it on you know the Rockwell report or the Rockwell.com when
all this was you know when when Carson was the subject of you know a whole issue of the journal Yeah but I thought
you said I thought you said Lou was kind of a left libertarian How’s it not a left libertarian i said thick libertarian Oh thick I thought you said
okay He was saying the thickness is in the bajgeois values So it’s not just I believe in non-coercion That’s all
Sometimes Block says this right he says libertarians only about one thing non-co in fact I had a debate with him once and
it was unclear whether which what we were debating left libertarians or thick libertarian because he kept switching and I kept saying tell me what you want
to debate I’ll debate either one but tell me which because he kept slip and they’re not the same thing he said libertarianism is not about
individualism it’s only about one thing non-coercion well at its core how can libertarians spend all this time writing
about free markets that’s thick then right I think
it’s right I I I think it’s it’s
because you could you could shore up the case for liberty and and and rights by appealing to related values
But you know and and the reason that we’re in favor of it is because it shores up our other values I mean if
you’re just a if you’re just an empathetic person and you care about yourself but you also care about other people because you’re social and you’re
not a sociopath then if you just understand the basic nature of the state and the nature of violence the nature of
human action the the need for property rights then that’s one reason you would be in favor of of rights right but I do
think the cases are distin or they’re just distinct things That’s that’s my point is that they’re
When you say libertarian is only about I mean this I have a problem when people like Walter when people say it’s only
about this or or when thickers say it’s about this too I mean to me that’s a
sloppy way of talking about it because it’s not a novel that has a plot It’s not about anything You know what I mean it’s it’s like it’s what is it
mathematics is a distinct thing Economics is a distinct thing Yeah I don’t think Rhetoric would say it’s about he would just say the commitments
that are involved in libertarianism also suggest that you should be
committed to these other things like finding racism distasteful because
you’re an individualist libertarian I mean I mean I’ve kind of written before that like just analyzing myself and my
own history I think one reason I became a libertarian was because of my personal
history with bullying So I hated I I I so that was one reason I gravitated
towards the logic of libertarianism and of rights and of all that stuff So in a way my my
a-libertarian value of being against the injustice and unfairness and and
immorality of bullying is one reason I I I I I like libertarian values And you
could also say they reinforce each other It goes the other way around too Once you understand the the true nature of aggression then you then but yeah I
think but but if I say I’m against bullying it’s not because I’m a libertarian It might might make me a better
anti-bullyer but I just think they’re distinct They’re distinct things I don’t think there I would just say and I think
Ron would put it this way they’re not they’re not so distinct as to be
separate Well I don’t kind of association You know Block was insisting
that libertarianism is about one thing anti-coercion you know non-aggression And I said “No well it’s about li
individualism too.” He said “Oh so I guess you’re against orchestras and and sports teams right?” He said that to me
That’s online You can find it He said “I so I guess you’re against sports teams here If you’re an individualist huh?”
Yeah He’s the worst debater of the world by the way He goes crazy and he says things he
can’t possibly even when he’s right Like I You ever see that debate he did over abortion you know he has this eviction
theory Oh I’ve got a whole disagreement with his his entire way of approaching abortion is completely He says he’s been
evicted because you know it trespassed And when his opponent said “What do you mean trespassed?” Yeah Trespass involves
a border crossing No it doesn’t He says “No it doesn’t.” What the hell is he talking about trespass doesn’t involve a
border crossing No he’s he’s on the abortion issue I mean his whole abortion argument is first he he assumes that he
he assumes that the fetus has rights which to me is like not a justified assumption Um he does Um he says because
they’re human So like right away he’s so he’s he’s setting up a problem that then he has to solve The problem is
that a two-day old zygote inside of a woman not even a fetus I mean just just
an embryo just you know two days old has rights because it’s human which I think that’s not the source of rights but okay
And but you can still kill it because it’s a trespasser And I’m like well it’s not a trespasser It’s been invited by
the woman’s actions by the mother So it’s not a trespasser at all It’s it’s invited And he says well it’s not
invited because you can’t have a contract with it because it it when you conceived it it didn’t exist yet So you
can’t It could have been invited because it didn’t exist to be invited Yeah that’s his argument And so then I came up with might have trespassed Correct It
could be rape We’re not talking about rape though No no we’re assuming normal normal invited fetus Um and I said well
again it’s aggression is responsibility comes from your actions And so the
example I gave him was suppose I plant um a a
landmine in the woods next to a tree that’s unowned because I’m hoping that someday some kid
will you know in 20 years will walk over it and blow get blown up I think I’m the
murderer even though when I did it the kid didn’t even exist yet Right
That’s a good one And and by the same token it’s my responsibility to the to
the to the baby or to the fetus if it has rights in the later stages of pregnancy let’s say is because I caused
it to be there It’s not because I have a contract with it Anyway I I I do think
his is the worst position of all you know you can come at it a different few different ways but he he’s trying to
preserve you know this rights theory and and work work with it but I don’t think
it doesn’t work You know it’s like when Rothbart I can understand why you wanted to do it but it didn’t work that you can
just you know you could have a baby bring the baby home We’re not talking about abortion now You know you know the story You can bring the baby home and
just never feed it and not tell anybody about it I thought he was he would say that’s the
baby’s your property Yeah because because there’s no positive rights and there’s no positive obligations But Block doesn’t agree with that You know
what Block says you have to do you have to let someone maybe on the church doorstep right at least put it in public
so someone else can come along and adopt it or something Uh I don’t know why Rothbart felt he had to say no you could
do that That would because he he didn’t want to admit that there’s positive obligations and and I think that’s been
a mistake libertarians have made for a long time Well but Right But then we get into the thing where the surgeon has
opened you up and then says “I don’t feel like finishing this operation.” Well that’s complicated Or a pilot takes
you up in the sky in a in a plane and then says “Hey you know what i’m bailing out.” Well I I I think that there are
positive obligations It’s just there are no unchosen positive obligations Right It’s been incurred Now the airplane
example I think there’s a couple ways you and this is another li this is libertarian dorm dorm room I know grad
school discussion [ __ ] And it’s and it and the danger of these things is is they’re they’re in the danger of
becoming rationalist because they’re usually a contextual you know like like the the classic Oh
I’ll I’ll give you Reiko’s story because um Russia because my son is due pretty
soon so I’m going to be getting a message saying he’s just pulled up All right three three minutes I’ll be done But um okay we were sitting around in
Auburn Reiko was there and you know the libertarian thing about if if someone falls off of a building and they on the
third on the 15th floor and they they land they land on a flag pole outside of your building Can you Papa came up with
that didn’t he oh no no I think actually David Freriedman came up with it Maybe But but but the typical propertian
absolutist libertarian say “Yeah you don’t have to let him in because it’s trespass.” And D and Ralph was listening
to us debate it He says “Are you guys [ __ ] nuts of course you got to let the guy in It’s you can’t kill the guy.” But the truth is in
reality there’s never an aextual situation like there might be an agreement among the owners of the condos
because the the building owner says you you got to let someone in if there in a case like that I mean it it so it just
depends upon the situation and not only that it’s like just let the guy in and that he can pay damages or or something but it’s you can’t kill the guy But ha I
believe Hapa says if you say to the guy let go which means he he dies to his
death you got to let go or he’s got a right to I don’t remember Hans ever saying that Um I I’d be surprised if he
said that Well I think that’s what Freriedman reports Maybe it’s not accurate My son’s just arrived All right
Well good talking to you at this hour every Saturday Okay Take care Yeah Have a great I had a great time We’ll do it
again soon Thanks Bye Bye
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