Errata for Legal Foundations of a Free Society

by Stephan Kinsella on July 26, 2023

Below are errata for Legal Foundations of a Free Society (Houston: Papinian Press, 2023) (thanks to readers who passed many of these on, esp. Mark Maresca).

Supplementary “Errata”

There’s errata and there’s errata. In various printings and updates of my book I’ve tried to make corrections to obvious mistakes.

For more substantive issues where it’s not a mistake but just a reference or thought I had after the previous publication, I will list them here, and maybe incorporate them in a second edition. But they are not technically errata. Think of them as “further notes” or “if I was writing it now, I would add this comment.” Not a mistake, just a wish-list.

Some chapters and the bibliography refer to Kinsella, “Defamation Law and Reputation Rights as a Type of Intellectual Property,” in Elvira Nica & Gheorghe H. Popescu, eds., A Passion for Justice: Essays in Honor of Walter Block (New York: Addleton Academic Publishers, forthcoming). This will now appear instead in a different publication (forthcoming, Sept. 2024)
Re ch. 2, Appendix I, “Property as a Right between People,” and ch. 9, n.1, see Gerard Casey, “Can You Own Yourself?“, Research Depository UCD Dublin (Dec. 2011): “legal (or jural) relations obtain between people in relation to things (in the limiting case, themselves) and not directly between people and things”.
P. 73, n.23: I provide a quote, “What you do speaks so loud I can’t hear what you are saying.” which is from an article by Clarence Carson. He calls it an “old saw” but provides no attribution. According many sources on the Internet, the original quote is “What you do speaks so loudly that I cannot hear what you say.” and was purportedly made by Ralph Waldo Emerson. I have discovered that this is merely a paraphrase, not an accurate quote of Emerson’s words. See my post Misattributed Emerson Quote: “What you do speaks so loudly…”
Ch. 5, Part IV.A (p. 93) discusses proportionality. In Dominiak & Wysocki, “Libertarianism, Defense of Property, and Absolute Rights”, I respond to a criticism of my view and distinguish between how proportionality concerns affect retaliation and self-defense.
Regarding the material on contract theory in ch. 9, some important additional arguments, nuances, elaborations, and clarifications may be found in Stephan Kinsella, “The Title-Transfer Theory of Contract,” Papian Press Working Paper #1 (Sep. 7, 2024), forthcoming in David Howden, ed., Palgrave Handbook of Misesian Austrian Economics (Palgrave, forthcoming 2025)
re ch. 10, p. 254, n. 38, the text cites Randy E. Barnett The Structure of Liberty: Justice and the Rule of Law, 2d ed. (Oxford: Oxford University Press, 2014), p. 78 & n. 39, regarding zombicide and pychosurgery in connection with the issue of inalienability. See also, on this, Randy E. Barnett, “Rights and Remedies in a Consent Theory of Contract,” in R.G. Frey & C. Morris, eds., Liability and Responsibility: Essays in Law and Morals (Cambridge University Press, 1991), p. 157; idem, “Contract Remedies and Inalienable Rights” in “Symposium on Philosophy and Law,” Social Policy and Philosophy 4, no. 1 (1986): 179–202, p. 188
Re ownership vs. possession, chs. 9, 11, 23, pp. 224–225, 276–281, 640–641: see Joshua C. Tate, “Ownership and Possession in the Early Common Law American,” Journal of Legal History, Vol. 48, pp. 280-313 (2006); Thomas J. McSweeney, “Property before Property: Romanizing the English Law of Land,” Buffalo L. Rev. 60, no. 4 (2012); Chris Boge, “The Concept of the Possession of the Land” (2024)
On voluntary slavery in chs. 9 and 10, for other proponents of voluntary slavery other than Walter Block, such as Nozick, Gerard Casey, and Tom Knapp, see KOL442 | Together Strong Debate vs. Walter Block on Voluntary Slavery (Matthew Sands of Nations of Sanity)
Re the comment in ch. 14, n.42, “then the very framing of the dispute helps to identify what the thing is in dispute …”, and similar comment in ch. 2, n. 34, see the comments from Pollock in Maine, Ancient Law, quoted in the notes for original version of ch. 14, Law and Intellectual Property in a Stateless Society, and the discussion of David Dürr’s related arguments in the section “On Disputes, Discourse, and Property Rights,” in Kinsella’s Sixth Epiphany: Means and Knowledge.
P. 413 (Ch. 15, n.40): As noted in Intellectual Property Rights as Negative Servitudes, IP rights, in addition to being properly viewed as nonconsensual negative easements, and also as incorporeal immovables, can also be viewed as types of triangular intervention.
In chs. 14 and 15, mention the point that the argument against IP is not that ideas are “not property,” it is that IP rights are unjust infringements of just property rights. See Intellectual Property versus Intellectual Property Rights; Libertarian and IP Answer Man: Artificial Intelligence and IP; Munger on Property Rights in Words and Information.
Ch. 22, n.14 mentions Rothbard’s typology of types of intervention. As I mention in a note to Intellectual Property Rights as Negative Servitudes, the nonconsensual negative easements created by IP law is probably best viewed as a type of triangular intervention, with some caveats.
In various places I mention concepts like homesteading, first use, embordering, original appropriation, and occupation. See e.g. ch. 15, Part IV.C, and n.51; ch. 9, Part III.A. See also ch. 2, the section “Property in External Things,” and n.35; ch. 14, Part II.D; “Defending Argumentation Ethics” (ch. 7), the section “Objective Links: First Use, Verbal Claims, and the Prior-Later Distinction”; ch. 23, text at n. 45, and so on. I would now more explicitly mention (first) occupation as the more general concept for purposes of homesteading or original appropriation. See, e.g., Richard Epstein’s argument that the Roman idea of occupatio—acquisition of title to an unowned thing (like land) by simply occupying it—is superior to the Lockean idea of labor-mixing. See Stephan Kinsella, “Survivors of polygamist sect fence off 1,000 acres of US Forest Service land in southwestern Colorado,” StephanKinsella.com (Oct. 12, 2024). I would also add some entries to the Index for occupatio and occupation, e.g. under their own entries and under First Use, and Homesteading.

Actual Errata

Epub and print versions

Errata since the second printing as of August 25, 2024

P. xxi: For “others libertarians” read “other libertarians”

P. xxii, n.2: For “See also chapters 1 and 25” read “See also chapters 1 and 25.” [add a period]

P. xxvi, n.8: After “The Logic of Action (Edward Elgar, 1997″ insert “, later republished as Economic Controversies (Auburn, Ala.: Mises Institute, 2011; https://mises.org/library/economic-controversies”

P. 70, n.15, and p. 72, n.20: the citation to The Digest of Justinian in n. 15 should contain the complete citation found in n.20; the citation to the same in n.20 should be shortened

P. 115, n.3 (epub only): For “Harv. J. L. & Pub. Pol’y 12″ read “Harv. J. L. & Pub. Pol’y 12″ (delete extra space before 12)

P. 128, n.23, For “On The Duty Of Natural Outlaws To Shut Up,” read “On the Duty of Natural Outlaws to Shut Up” [note: the Mises Institute version linked mangled the title, as can be seen here]

P. 184, n.32: For “ability live” read “ability [to] live”

P. 208: For “Liability: New Essays in Legal Philosophy” read “Liability and Responsibility: Essays in Law and Morals”

P. 255, n.42: For “chapter 9” read “chapter 9.”

P. 244: For “Liability: New Essays in Legal Philosophy” read “Liability and Responsibility: Essays in Law and Morals”

P. 257: For “Liability: New Essays in Legal Philosophy” read “Liability and Responsibility: Essays in Law and Morals”

P. 278, n.35: Move “Ludwig von Mises, Socialism: An Economic and Sociological Analysis, J. Kahane, trans. (Indianapolis, Ind: Liberty Fund, 1981; https://oll.libertyfund.org/title/kahane-socialisman-economic-and-sociological-analysis), chapter 1, §1.” to the beginning of the preceding paragraph, before “See also related discussion“

P. 509, n.25: For “Hans-Herman” read “Hans-Hermann”

P. 507, n.17: For “Hans-Herman” read “Hans-Hermann”

P. 591 (ch. 22, Part II.C; epub only): For “Since what is important about rights is that they are (legitimately)enforceable,” read “Since what is important about rights is that they are (legitimately) enforceable,”

P. 606, n.53: For “Memoirs, Arlene Oost-Zinner, trans (Auburn, Ala.: Mises Institute, 2009)” read “Memoirs, Arlene Oost-Zinner, trans (Auburn, Ala.: Mises Institute, 2009; https://mises.org/library/book/memoirs)”

P. 606, n.53: (epub only): For “and other chapters in Section One: Method,of Economic Controversies” read “and other chapters in Section One: Method,of Economic Controversies” (add a space after “Method,”)

P. 682: For “Hans-Herman” read “Hans-Hermann”

P. 688: For “Hans-Herman” read “Hans-Hermann”

P. 695: For “Liability: New Essays in Legal Philosophy” read “Liability and Responsibility: Essays in Law and Morals”

P. 726: In the entry for Mises’s Memoirs: after “(formerly Notes and Recollections)” append: “. https://mises.org/library/book/memoirs.”

P. 730, for the entry for Richman’s “Separating School and State“, the entry should have a hanging indent

On. p. 730, for the entry “—. Economic Controversies. Auburn, Ala: Mises Institute, 2011. https://mises.org/library/economic-controversies.” Append at the end: “Previously published as The Logic of Action.”

P. 731 (730?): After “The Logic of Action. Edward Elgar. 1997″ insert “, later republished as Economic Controversies, Auburn, Ala.: Mises Institute, 2011; https://mises.org/library/economic-controversies”

P. 731, delete the entry “— Rothbard, For a New Liberty, 2d ed. Auburn, Ala.: Mises Institute, 2006. https://mises.org/library/new-liberty-libertarian-manifesto.”

***

The current version available is the second printing Aug. 20, 2024, with corrections including all Errata below

Epub and print versions

Until August 25, 2024

Foreword, P. xvi (epub only): For “or the arrival of some future consequences.Instead,” read “or the arrival of some future consequences. Instead,” [insert a space after period]

P. 235: For “Why is the second transfer unconditional?” read “Why is the second transfer conditional?”

P. 416, the footnote “48” (line 2) should not be italicized.

P. 417, n. 51: For “Gary Chartier,Anarchy and Legal Order” read “Gary Chartier, Anarchy and Legal Order” [i.e., insert a space]

P. 409, n.22: In the reference to “Vin Armani, “The Ownable and the Unownable,” in Self Ownership: The Foundation of Property and Morality (2017; https://archive.org/details/ASpontaneousOrder0)”, delete the hyperlink

P. 544, n.39: For “For A New Liberty : The Libertarian Manifesto,” read “For A New Liberty: The Libertarian Manifesto,” [i.e. remove space before the colon]

P. 560: For “what the Framers originally meant by the Amendment. 35″ read “what the Framers originally meant by the Amendment.35″ [i.e,. remove the space before note 35]

P. 664, n. 41: For “Aaron Swarts in note 36” read “Aaron Swartz in note 37”

P. 676: For “Jouvenal” read “Jouvenel”

P. 751: For “Jouvenal” read “Jouvenel”

Bibliography:

For the entry “Armani, Vin. “The Ownable and the Unownable.” In Self Ownership: The Foundation of Property and Morality, 2017,” delete the hyperlink reference to https://archive.org/details/ASpontaneousOrder0.”

Epub and prior print versions

As of Jan. 2024

Acknowledgments

P. xxxi: For “Anderson” read “Andersen”

Main Text

P. 429: For “of the attempt to defenders” read “of the attempt by defenders”

P. 477: For “effects” read “affects”

P. 685: For “time, to time” read “time to time”

P. 687 n35: For “Thought” read “Though”

Index

P. 752: For “John Randolph Club, 8” read “John Randolph Club, 8, 649”

Current print version

As of Nov. 2023

Table of Contents

P. x: For “15. Against Intellectual Property After Twenty Years:” read “15. Against Intellectual Property After Twenty Years:”

For “16. Introduction to Origitent” read “16. Introduction to Origitent”

P. 9: For “on January 1995” read “in January 1995”

P. 51 n.10: For “( Jan. 31, 2022)” read “(Jan. 31, 2022)” [omit space after parenthesis]

P. 94: For “thin skill” read “thin skull”

P. 139 n.5: For “confused about about” read “confused about”

P. 140 n.6: Delete the text “Since the original article upon which this chapter is based was published, there have been many more contributions expanding on and defending Hoppe’s argumentation ethics.”

P. 144: For “priniciple” read “principle”

P. 154: For “MC do not do attempt” read “MC do not attempt”

P. 168: For “person’s consent² —it” read “person’s consent²—it” [delete space before em dash]

P. 198 n.60: For “the punishment is fully intentionally,” read “the punishment is fully intentional,”

P. 198 n.60: For “if a criminally” read “if a criminal”

P. 207: For “a contract is seen a relation” read “a contract is seen as a relation”

P. 229 n.45: For “upated” read “updated”

P. 230: en-dash, not hyphen, between 134–135

P. 231: en-dash, not hyphen, between 116–117 in n.48

P. 247: The paragraph after the blockquote should not be indented.

P. 263, en-dash, not hyphen, between 1–8

P. 299, n.16: For “See, e.g., ibid. p. 15.” read “See, e.g., ibid.”

P. 332: For “evinced no misgivings about the power or reason” read “evinced no misgivings about the power of reason”

P. 347: For “But so was was the Roman law.” read “But so was the Roman law.”

P. 349 n.154, For “as if there we no such” read “as if there were no such”.

P. 419 n.58 quotation marks should be curled

P. 425: For “pro-IP opponents” read “IP proponents”

P. 497 n.32: For “property Action” read “property. Action”

P. 548: For “Others grounds opposing” read “Other grounds for opposing”

P. 564 n.55: For “view that the” read “view that”

P. 571: For “As a results” read “As a result”

P. 603: For “abwove” read “above”

P. 605: For “metaphysic” read “metaphysics”

P. 631: For “personalty or immovable” read “personalty or movable”

P. 637: For “but it is , and” read “but it is helpless, and”

P. 685: For “time, to time” read “time to time”

P. 687 n35: For “Thought” read “Though”

Bibliography

P. 703: For “Translted” read “Translated”

Index

P. 759: For “As right to exclude others, 654” read “As right to exclude others, 32, 654” ¹

First printing

As of Oct. 2023

Table of Contents:

For “20. Book Review of Anthony de Jasay, Against Politics: On Government, Anarchy, and Order” read “20. Review of Anthony de Jasay, Against Politics: On Government, Anarchy, and Order”

p. 23: For “Book Review of Anthony de Jasay” read “Review of Anthony de Jasay”

p. 25: For “Book Review of Anthony de Jasay” read “Review of Anthony de Jasay”

p. 226: For “Book Review of Rosalyn Higgins, Problems and Process: International Law and How We Use It (1994)” read “Book Review of Rosalyn Higgins, Problems and Process: International Law and How We Use It (1994)”

p. 278: For “Yiannopolous” read “Yiannopoulos”

p. 279: For “Yiannopolous” read “Yiannopoulos”

p. 370: For “Book Review of Anthony de Jasay” read “Review of Anthony de Jasay”

Index

p. 770: For “Yiannopoulous” read “Yiannopoulos”

For the “Limited inaugural print run for presentation at the Property and Freedom Society Annual Meeting, Bodrum, Turkey, September 2023” only

P. 55, n. 17: For “Informal translation from, …” read “Informal translation (by Hans-Hermann Hoppe) from, …”

P. 161: For “or the Garden of Eden” read “of the Garden of Eden”

P. 495, n. 28: For “Shorter Classics of Eugen von Böhm-Bawerk” read “Shorter Classics of Eugen von Böhm-Bawerk”

P. 495, n. 28: For “Q. J. Austrian Econ.” read “Q. J. Austrian Econ.”

P. 514, n. 34: “The Theory of Money and Credit” should contain full citation info (see the Bibliography)

P. 604: delete “(PES)”

Bibliography

P. 710:

“—. “Defamation Law and Reputation Rights as a Type of Intellectual Property.” In A Passion for Justice: Essays in Honor of Walter Block, edited by Elvira Nica and Gheorghe H. Popescu. New York: Addleton Academic Publishers, forthcoming.”

This entry appears twice. Delete one of them.

Index:

P. 756:

Change McElroy entry to:

“McElroy, Wendy

On IP, 402, 437, 446, 651, 668
Neil Schulman, debate with, 451–452, 460–461″

After Mercantilism entry, insert

“Metaphors, danger of, 263–64, 431, 685”

Note also the comments of Blackstone: “There is nothing which so generally strikes the imagination, and engages the affections of mankind, as the right of property; or that sole and despotic dominion which one man claims and exercises over the external things of the world, in total exclusion of the right of any other individual in the universe.” 2 William Blackstone, Commentaries on the Laws of England (Oxford Edition, Wilfrid Prest, General Editor, 2016 [1765]), bk II, chap. 1, at p. 2. [↩]