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Down With the Lockean Proviso

From Mises blog:

[Update: See also The Blockean Proviso (Sep. 11, 2007); and Michael Makovi, “The ‘Self-Defeating Morality’ of the Lockean Proviso,” Homo Oeconomicus 32(2) (2015): 235–74:

Locke’s theory of appropriation includes the “Lockean Proviso,” that one may appropriate ownerless resources only if one leaves enough for others. The Proviso is normative and obviously may be rejected on normative grounds. But it is less obvious that it may have to be rejected for positive reasons. According to Hoppe, private property is a means for minimizing social conflict under conditions of scarcity. But the Lockean Proviso would actually exacerbate social conflict. According to Demsetz, property emerges precisely when scarcity arises and there is not enough left for everyone. Accordingly, the Lockean Proviso may be logically incompatible with the very purposes of the establishment of property. Or the Proviso may constitute what Derek Parfit calls “self-defeating morality.” Several adaptations of the Proviso – including Nozick’s – are rejected as well, based on the impossibility of interpersonal comparisons of subjective utility and the problem of economic calculation.]

Down with the Lockean Proviso

[Archived comments below]

March 13, 2009 2:35 PM by Stephan Kinsella | Other posts by Stephan Kinsella | Comments (7)

My attention was recently called to Tibor Machan’s paper “Self-Ownership and the Lockean Proviso” (working paper version), which will be in his book The Promise of Liberty (Lexington, 2009). As noted in the Abstract, the paper argues as follows:

Locke’s defense of private property rights includes what is called a proviso—”the Lockean proviso”—and some have argued that in terms of it the right to private property can have various exceptions and it may not even be unjust to redistribute wealth that is privately owned. I argue that this cannot be right because it would imply that one’s right to life could also have various exceptions, so anyone’s life (and labor) could be subject to conscription if some would need it badly enough. Since this could amount to enslavement and involuntary servitude, it would be morally and legally unacceptable.

Other libertarian criticisms of the Lockean Proviso include Rothbard, ch. 29 of The Ethics of Liberty; Hoppe, p. 410 et pass. of The Economics and Ethics of Private Property; and de Jasay, p. 188 and 195 of Against Politics (also discussed on p. 91 in my review thereof).

See also my own critique of what I call Walter Block’s “Blockean Proviso“. As I note there, the Lockean Proviso says that you may homestead an unowned good but only if “enough and as good” is left for others—that is, if you don’t harm them by your homesteading action by making it more difficult for them to have a similar opportunity to homestead some goods of that type. Both Block and I would reject this. But the Blockean Proviso would say that you can only homestead property that is a potential means of access to other unowned resource so long as enough and as good access to the unowned resource remains available!

Archived comments:

Comments (7)

  • Lucas
  • I got a good gist of this from Narvesson, Respecting persons…
  • Published: March 13, 2009 4:15 PM

  • David C
  • I disagree with this. Human action is the ends in itself, not property. Property is usually a consequence of human action, because without it all that is left is “might makes right” – which tends to minimize human action.”… that this cannot be right because it would imply that one’s right to life could also have various exceptions…”

    There are various exceptions. If I’m locked in a cage with you, and there is only although water for one person to live. My right to live is as much as yours – irrespective of property or claim.

    However, in larger populations, all claims like this are a fraud. It will be “every man for himself”, long before any leader ever claiming to represent the greater good could “wisely” allocate the remaining scare resources.

    Philosophies that don’t make maximization of human action the ends will always run into unrealistic problems. EG. someone claiming a continent, and then violating peoples liberties in the name of “property rights”

  • Published: March 13, 2009 10:28 PM

  • newson
  • david c says:
    “might makes right” – which tends to minimize human action.”you mean it tends to minimize productive, rather than re-distributive human action? or human action in general?
  • Published: March 13, 2009 11:28 PM

  • Gil
  • I disagree – moral might does make right. A problem with a lot moralities is the way they preach Pacifism. If a moral society is to last then they should follow a moral creed that preaches the moral to be strong warriors and teach this strength to their descendants. Pacifists act surprised when they keep finding themselves overrun by criminal gangs again and again. It’s almost a crime to good strong people taking their knowledge ‘to their graves’ because they’re afraid the next generation might use the knowledge for evil never thinking for a moment that criminal gangs immediate school their children in their criminal ways.
  • Published: March 14, 2009 12:22 AM

  • Aeon J. Skoble
  • I think Nozick already defused this issue. The proviso is ONLY applicable in the hypothetical state of nature. It’s a hypothetical limit on original appropriation in the S of N. In the real world, the proviso is always met* because you have either literally created new stuff, or obtained something via trade, thus automatically “leaving” something for others.
    *unless you’re stealing of course
  • Published: March 14, 2009 9:31 AM

  • Richard Garner
  • Aeon,I am inclined to agree with you on Nozick. However, one point to pick up on:

    I think Nozick already defused this issue. The proviso is ONLY applicable in the hypothetical state of nature.

    Actually, Nozick doesn’t mean it just to apply in the state of nature. In a footnote to page 55 of ASU he suggests that the proviso may apply to prohibiting acquiring property so as to trap somebody in their home (by acquiring the property around the person’s house). The implication of those, though, is that the proviso is not simply about “the principles of justice in acquisition,” but also about “the principles of justice in transfer,” since it would allow a third party to impose conditions upon the terms by which one person sell’s their land to another. In the end, though, it means that, by allowing the proviso, Nozick’s theory of justicie ceases to be a historical one and beomes a patterned theory. It also seems not conform to a “will” or “choice theory of rights,” making it open to incompossibilities of rights or duties.

  • Published: March 16, 2009 12:02 PM

  • Michael A. Clem
  • Reading the original Locke, I didn’t see where he provides any real argument in support of the proviso–he just sort of throws it out as an assertion. The closest he comes to an argument for it is that God gave the world to man in common. Clearly not a good, logical argument.Thus, I think it’s safe to just ignore the proviso–it doesn’t hurt the rest of his argument for the initial acquisition of unowned resources–and don’t see a need to dance around it, explain it away, or anything else.
  • Published: March 16, 2009 1:04 PM

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C.P. Snow’s “The Two Cultures” and Misesian Dualism

See also:

From the Mises Blog, Aug. 2, 2006

Archived comments below.

C.P. Snow’s “The Two Cultures” and Misesian Dualism

TAGS Philosophy and Methodology

I’ve long been fascinated by C.P. Snow’s “The Two Cultures” (excerpts) thesis, which concerns misunderstandings between the sciences, and the humanities. But it always seemed … incomplete. To be missing something. In part, this was its triteness: engineers don’t read Dickens; humanities and artsy types don’t understand math and science. Yawn. But mainly I think it is a lack of rigor; a failure to appreciate the problems with scientism and positivism.

It always seemed to me that Snow’s thesis ought to be re-cast with the benefit of Misesian insights into the nature of science. In The Moral Case for the Free Market Economy, Tibor Machan touches on these issues. Machan rejects the type of dualism that says anything other than the natural sciences must be relegated the the unscientific realms of mysticism. As Machan notes, if one holds that some aspects of reality can be understood scientifically and systematically, and others cannot, this is a type of metaphysical dualism. “Indeed, that was the theme of British author C. P. Snow’s famous article about the ‘two cultures’: the arts, the humanities, the human sciences are left to one dimension of inquiry. The others, the hard sciences, natural sciences, are the most organized and orderly fields, are left to another dimension.”

Machan rejects this metaphysical dualism and believes that ethics and politics, for example, can be understood scientifically—albeit not by the methods appropriate to the natural sciences (predictability, etc.). I take this as compatible with Misesian epistemological dualism, which sees economics as a teleological field of study and the natural sciences as engaged in the study of causal phenomenon. Different methods of study are appropriate to each. See, e.g., Hoppe’s Economic Science and the Austrian Method (1995); Mises, The Ultimate Foundation of Economic Science.

As Hoppe notes,

In view of the recognition of the praxeological character of knowledge, these insights regarding the nature of logic, arithmetic and geometry become integrated and embedded into a system of epistemological dualism. The ultimate justification for this dualist position, i.e., the claim that there are two realms of intellectual inquiry that can be understood a priori as requiring categorically distinct methods of treatment and analysis, also lies in the praxeological nature of knowledge. It explains why we must differentiate between a realm of objects which is categorized causally and a realm that is categorized teleologically instead.

Nor is the scientific approach limited only to non-normative fields like physics, or economics. A science of ethics is also possible; witness Hoppe’s extension of Misesian type epistemology and scientific methodology to ethics. Note Hoppe’s interesting statement about his proof of libertarian ethics:

Here the praxeological proof of libertarianism has the advantage of offering a completely value-free justification of private property. It remains entirely in the realm of is-statements, and nowhere tries to derive an ought from an is. The structure of the argument is this: (a) justification is propositional justification—a priori true is-statement; (b) argumentation presupposes property in one’s body and the homesteading principle—a priori true is- statement; and (c) then, no deviation from this ethic can be argumentatively justified—a priori true is-statement. [Economics and Ethics of Private Property, p. 208]

So, are there “two cultures”? Well, certainly it remains true that arts and humanities types often do not appreciate natural science. But that takes no special thesis to understand. There are differences in aptitudes, and there is a division of labor and specialization, after all. But the natural scientists, as well as many humanities types, seem to have accepted the scientism-positivism of our age. This is rampant among engineers, for example (12), who cynically dismiss philosophy, economics, ethics, as being loosey-goosey and non-scientific. Economics, of course, has conceded this and adopted positivism a long time ago.

The real two cultures are the mainstream natural scientists and artists and intellectuals, on the one hand—those who have accepted scientism, the view that only causal fields are truly scientific; and, on the other hand, Misesians and others who recognize that fields outside the natural sciences can be true sciences but need not ape the method of the sciences.

To unite or provide a bridge between the “two cultures” of natural science and the humanities, both “sides” need a little bit of epistemological education.

Archived comments:

Comments (8)

  • quasibill
  • I don’t know about this.To me, “science” is the application of the scientific method. Hypothesize, formulate anti-hypothesis, test, compare results to predictions, rinse, repeat. Anything that doesn’t involve this process isn’t “science.”The important thing to note is that science does not equal truth. Science is merely one way to approach gaining knowledge, but nothing learned by science is unassailable. For example, if an alien landed tomorrow and demonstrated that, in fact, he controls gravity and that Einstein was all wet with general relativity, the science would be wrong, but the knowledge we gained from the alien would in fact be unscientific in nature.Even more important is to note that the scientific method does incorporate logic in the process – you formulate your hypotheses and anti-hypotheses using logic, based upon certain “facts” that you assume are true. So the scientific method is merely a subset of the use of logic to discover truth as we can perceive it.
  • Published: August 3, 2006 9:55 AM

  • Stephan Kinsella
  • Quasibill:

    To me, “science” is the application of the scientific method. Hypothesize, formulate anti-hypothesis, test, compare results to predictions, rinse, repeat. Anything that doesn’t involve this process isn’t “science.”

     

    Well, then it seems you are accepting the metaphysical dualism Machan criticizes. Look, in a way, it’s just semantics: depends on how you define science. If you want to define that word to refer only to the natural sciences–the systematic study of causal phenomenon–that is fine; but then we need a term for other systematic studies. What, then, are economics and ethics and politics? They can also be systematically studied. So then we have science, and other types of systematically-studied topics. What is the umbrella term for “systematically-studied topics”?

    Surely it should be science. There are difference sciences. Some sciences, like the sciences of ethics and politics and economics, concern non-causal phenomenon; they concern human action, teleology, and value. They can be studied systematically and rigorously, but in a way appropriate to their nature. The natural sciences have their own methods, e.g. empirical testing, etc.

    ***

    Incidentally, there some libertarians who adopt a Popperian methodology, where there is no such thing as proof or justification; there are only conjectures that can be tested. See, e.g., J.C. Lester, Escape from Leviathan. “Conjecturalism” and Popperian positivsm-empiricism is an incoherent, self-contradictory view, IMO; see, e.g., p. 188 of Hoppe’s article In Defense of Extreme Rationalism; and his A Theory of Socialism and Capitalism, ch. 7. For more on lester, see the reviews by David Gordon and Rafe Champion; see also this quick summary of Roderick Long’s summary of Popper here, and note 113 et pass of Roderick Long’s working paper, Wittgenstein, Austrian Economics, and the Logic of Action.

  • Published: August 3, 2006 10:01 AM

  • TGGP
  • The real two cultures are Misesians and non-Misesians? Considering how much larger the latter category is than the former, it doesn’t seem to be an especially useful cultural distinction.
  • Published: August 3, 2006 10:02 AM

  • quasibill
  • “Well, then it seems you are accepting the metaphysical dualism Machan criticizes”No. What I’m doing is requiring a strict definition for the word “science”. I’ll grant you that there is nothing that says there needs to be a strict definition for it, or that my strict definition is the proper one – but in that direction lies dragons.My point, actually, is that even the scientific method is merely a subset of the larger effort to understand life through the application of reason. The scientific method was DEVELOPED through reason. And it assumes the use of reason in formulating hypotheses and comparing the data generated. Hence, science is not separate from the use of reason.However, it is important to note that science IS a subset, and therefore not the only way to gain knowledge through the application of reason. My alien example is one I’ve used repeatedly in arguments with technocrats: the knowledge gained from the alien is unscientific (to an extreme if only one person observed the alien, which then promptly disappeared forever), but nevertheless it is knowledge. It is knowledge even if the alien sticks around and continues to demonstrate it, but we puny humans don’t have the ability to test whether it is illusion or real by the scientific method. Just like Newton’s theories were solid science until we were able to perceive better and realize that his conception of absolute space didn’t mesh with our observations. Our subsequent observations did nothing to change the fact that science supported Newton’s theory.

    Not all knowledge can be discovered by the scientific method. However, it is helpful in the arenas it is suited for. In other arenas, we must fall back to the underlying method – the application of pure reason.

  • Published: August 3, 2006 11:12 AM

  • Stephan Kinsella
  • Quasi: Your science/alien example sounds a bit Randian, in the way they define knowledge as “contextual”. They way they define it, it’s reasonable to hold an incorrect view if you are incorrect simply because the context could not have it any other way; and if you happen to hold a correct view just be chance, then it is arbitrary and not contextually certain. Or something like this.In any event your appeal to “reason” as the overarching concept of which “the scientific method” is just one part, is just what I meant. Okay, so the systematic study of economics is not a science, by this definition, but it is an application of reason. We need a term for this. I say ti is a science. Of course it is. You want to say that natural science is the only science there is. THis is a way of disparaging other “domains of reason” by not granting them the term “science”.
  • Published: August 3, 2006 11:17 AM

  • Roger M
  • Anybody ever read the late Francis Schaeffer? He made a lot out of this duality, often calling it the dichotomy between faith and reason. I believe he placed the origin of it with Kierkegaard. He argued that such a dichotomy was artificial and intended to elevate science as the only method of actually knowing anything.Wasn’t it Mises who wrote that the real battle is one of epistemology? Once you get that battle won, the rest seems to fall into place fairly easily.
  • Published: August 3, 2006 11:30 AM

  • quasibill
  • Call me socialist if you must, just don’t call me a Randian! :)Seriously, it does appear we arguing past each other at this point – I think we agree on the concepts, we’re just arguing terminology.I just don’t believe we should muddy up the term “science” – it’s too loaded with connotations, especially by specialists. I don’t disparage “non-natural” fields, I just don’t think they belong in the realm of “science.” They belong in the realm of knowledge gained through reason, and the knowledge in them is just as valid as the knowledge in the “scientific” fields.Part of my reasoning for demanding a strict definition for “science”, and making it a subset of reason, is to get past the knee-jerk reaction of most science-types I know towards knowledge not gained through the scientific method. If you call it “science” they’ll shut down the reason center of their brain and begin a lecture on the scientific method. By granting them this initial definition, they remain open to learning about the validity of other methods of gaining knowledge. Of course, there is also the problem of many science types who don’t even understand the scientific method that they are beholden to, but that’s another issue altogether (if I had a dollar for every Ph.D. I had to teach the scientific method to in my old lab…)
  • Published: August 3, 2006 12:46 PM

  • Stephan Kinsella
  • Qbill– Yes, in a way it’s jus semantics… but first, I am not sure that the term “science” classically meant only natural sciene. I suspect it had a wider application origionally, and the “natural scientists” and positivists coopted it to give it its narrow meaning. Much like socialists did with the word “liberal.” Moreover, the term “science” is loaded now, so denying it to some fields is a way of disparaging them.
  • Published: August 3, 2006 1:02 PM

 

 

See also C.P. Snow’s “The Two Cultures” and Misesian Dualism

From Mises blog

C.P. Snow’s “The Two Cultures” and Misesian Dualism

August 2, 2006 5:45 PM by Stephan Kinsella | Other posts by Stephan Kinsella | Comments (8)

I’ve long been fascinated by C.P. Snow’s “The Two Cultures” (excerpts) thesis, which concerns misunderstandings between the sciences, and the humanities. But it always seemed … incomplete. To be missing something. In part, this was its triteness: engineers don’t read Dickens; humanities and artsy types don’t understand math and science. Yawn. But mainly I think it is a lack of rigor; a failure to appreciate the problems with scientism and positivism.

It always seemed to me that Snow’s thesis ought to be re-cast with the benefit of Misesian insights into the nature of science.

In The Moral Case for the Free Market Economy, Tibor Machan touches on these issues. Machan rejects the type of dualism that says anything other than the natural sciences must be relegated the the unscientific realms of mysticism. As Machan notes, if one holds that some aspects of reality can be understood scientifically and systematically, and others cannot, this is a type of metaphysical dualism. “Indeed, that was the theme of British author C. P. Snow’s famous article about the ‘two cultures’: the arts, the humanities, the human sciences are left to one dimension of inquiry. The others, the hard sciences, natural sciences, are the most organized and orderly fields, are left to another dimension.”

Machan rejects this metaphysical dualism and believes that ethics and politics, for example, can be understood scientifically–albeit not by the methods appropriate to the natural sciences (predictability, etc.). I take this as compatible with Misesian epistemological dualism, which sees economics as a teleological field of study and the natural sciences as engaged in the study of causal phenomenon. Different methods of study are appropriate to each. See, e.g., Hoppe’s Economic Science and the Austrian Method (1995); Mises, The Ultimate Foundation of Economic Science.

As Hoppe notes,

In view of the recognition of the praxeological character of knowledge, these insights regarding the nature of logic, arithmetic and geometry become integrated and embedded into a system of epistemological dualism. The ultimate justification for this dualist position, i.e., the claim that there are two realms of intellectual inquiry that can be understood a priori as requiring categorically distinct methods of treatment and analysis, also lies in the praxeological nature of knowledge. It explains why we must differentiate between a realm of objects which is categorized causally and a realm that is categorized teleologically instead.

Nor is the scientific approach limited only to non-normative fields like physics, or economics. A science of ethics is also possible; witness Hoppe’s extension of Misesian type epistemology and scientific methodology to ethics (see also Argumentation Ethics and Liberty: A Concise Guide). Note Hoppe’s interesting statement about his proof of libertarian ethics:

Here the praxeological proof of libertarianism has the advantage of offering a completely value-free justification of private property. It remains entirely in the realm of is-statements, and nowhere tries to derive an ought from an is. The structure of the argument is this: (a) justification is propositional justification—a priori true is-statement; (b) argumentation presupposes property in one’s body and the homesteading principle—a priori true is- statement; and (c) then, no deviation from this ethic can be argumentatively justified—a priori true is-statement. [Economics and Ethics of Private Property, p. 208]

So, are there “two cultures”? Well, certainly it remains true that arts and humanities types often do not appreciate natural science. But that takes no special thesis to understand. There are differences in aptitudes, and there is a division of labor and specialization, after all. But the natural scientists, as well as many humanities types, seem to have accepted the scientism-positivism of our age. This is rampant among engineers, for example (Yet More on Galambos, Libertarian Activism–comments), who cynically dismiss philosophy, economics, ethics, as being loosey-goosey and non-scientific. Economics, of course, has conceded this and adopted positivism a long time ago.

The real two cultures are the mainstream natural scientists and artists and intellectuals, on the one hand–those who have accepted scientism, the view that only causal fields are truly scientific; and, on the other hand, Misesians and others who recognize that fields outside the natural sciences can be true sciences but need not ape the method of the sciences.

To unite or provide a bridge between the “two cultures” of natural science and the humanities, both “sides” need a little bit of epistemological education.

Update:

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On Ted Kennedy: TGHG

Thank God He’s Gone, that is. What an evil person. The quality of the human race was briefly raised yesterday. As a friend said, “Al Gore created the Internet so that we could mock the death of Ted Kennedy on it.”

For those soft-heads who think this is mean-spirited–my sympathy is with Ted Kennedy’s millions of victims. I ain’t got none left over for him.

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David Koepsell: Another Austrian-Influenced IP Opponent

ontology-cyberspace-koepsell-2000[Update: Koepsell on IP]

An interesting (and amusing) post on Leiter Reports, How Not to Respond to a Bad Book Review, led me to the work of David Koepsell, author of The Ontology of Cyberspace: Philosophy, Law, and the Future of Intellectual Property (Open Court, 2000) and Who Owns You? The Corporate Gold Rush to Patent Your Genes. (UK: Wiley-Blackwell, 2009), and of the blog Who Owns You?, which discusses gene patents and IP law.

The Leiter Reports blog remarked on a debate between Randy Mayes and David Koepsell on human gene patents at the Institute for Ethics & Emerging Technologies site (Leiter Reports unfairly implied Koepsell had made matters worse by the way he replied to a very critical book review–I disagree with this assessment, as will be evident from my comments linked below). I ended up writing a few responses, including one posted in Are Libertarians For Intellectual Property?: Comment on David Koepsell’s “Why I Believe Gene Patenting is Wrong”; and see also Comment on Koepsell’s “A methodical response to Chris Holman’s ‘review’”.

In correspondence with him I learned Koeppsel says his theoretical background is informed by Austrians, and he has studied Menger, Mises, and Reinach and studied under Barry Smith. In his book The Ontology of Cyberspace he undermines the classifications between works of authorship and other machines, using Reinach. I’ve just ordered it.

[Mises blog cross-post]

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My response to this post (made here because of length limitations on Koepsell’s blog comment feature):

Dr. Koepsell,

I already responded at length to some of the criticisms leveled against you in Comment on David Koepsell’s “Why I Believe Gene Patenting is Wrong”.

Let me comment on some of the above specific issues. First, as a patent lawyer–it does not bother me if you got some of the minor details of the existing patent system slightly wrong. First, the law is always changing. Second, the basic thrust of your points is valid, and anyway the little details do not affect your case against IP. Mr. Holman is simply evading your normative argument.

Third, it is extremely annoying that the patent bar tries to dominate the right to have an opinion on this topic–it’s as bad as feminists who say only women have a right to an opinion about abortion. It’s bad enough they parasite off of society thanks to patent law; they want all the victims to shut up, too! After all, if you aren’t an expert on IP law, you should not be allowed to say anything about it. And if you are an expert, there’s a 99.9% chance you’ll be in favor of it, just like government school teachers are happy to help pass along the state propaganda about the benefits and necessity of government thought control and policemen say the state is necessary, and so on. You write: [continue reading…]

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[Update: Koepsell on IP]

My comment on the debate between Randy Mayes and David Koepsell on human gene patents at the IEET was posted in “Are Libertarians for Intellectual Property?” (Institute for Ethics & Emerging Technologies, Aug. 26, 2009:

Mr. Koepsell,

I read with interest your comments above criticizing IP from a self-professed libertarian perspective. I am a libertarian and a practicing patent attorney and I too oppose patent rights (one of the few patent attorneys who dare to)–patents are, as you say, unnatural and artificial privileges granted by the state at the expense of real property rights. My website contains various articles, books, and speeches on this topic, including Against Intellectual Property, and my recent speech “Intellectual Property and Libertarianism.” I’m also affiliated with the Mises Institute, so I suppose Mr. Mayes has my work in mind when he unfairly, uncharitably, and falsely disparages and dismisses us as “idealogues.” [continue reading…]

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Impromptu Photo Snapped of Minarchists Moving Up to Anarchy

Progress!

Westbankbarrier460

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Great lecture by Roderick Long, presenting the “Murray N. Rothbard Memorial Lecture” at the 2006 Austrian Scholars Conference; text version.

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Funny Twitter feed: Sh*t My Dad Says

This is hilarious. A sampling:

shitmydadsays

  1. “You need to flush the toilet more than once…No, YOU, YOU specifically need to. You know what, use a different toilet. This is my toilet.”about 23 hours ago from web
  2. “Don’t touch the bacon, it’s not done yet. You let me handle the bacon, and i’ll let you handle..what ever it is you do. I guess nothing.”11:15 AM Aug 22nd from web
  3. “Your mother made a batch of meatballs last night. Some are for you, some are for me, but more are for me. Remember that. More. Me.”8:57 AM Aug 21st from web [continue reading…]
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Patents: Horizontal vs Vertical Innovation

Cross-posted at AgainstMonopoly; comments below. Discussed by Mike Masnick at Techdirt, in What Kind Of Innovation Do Patents Encourage?: , which is in turn discussed in Patent Lawyers Who Don’t Toe the Line Should Be Punished!

I reprint below (with permission) an email from Prashant Singh Pawar:

Hi Mr Kinsella,

I am a long time opponent of patents and Intellectual Property rights (to a great part because of your work), but something always bothered me and that was the ‘innovation’ argument by the patent supporters. I could always see both the sides of the arguments, yet was never sure which side is right. I can see that without patents there is no incentive to develop a technology with a large investment, on the other hand, without patents, there is probably no need of a large investment. [continue reading…]

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BrainPolice’s Critique of “What Libertarianism Is”

One “BrainPolice” provides a fairly thoughtful commentary on my article What Libertarianism Is in The Definition and Scope of Libertarianism [repixeled below from Wayback since the blog is now down] The main thrust of his post seems to be it’s unfair to call Mises and Nock non-libertarians; and that my paper is not a full-length treatise (it doesn’t deal with everything); and that well, I can’t say what libertarianism is or says, since libertarians disagree. Well. But let me reply to a few comments.

The first issue is that it is not at all clear that “capitalism” (or at least, the particular norms that tend to be associated with “capitalism”) inherently arises as the only economic system or forms of economic organization that can coherently be derived from libertarianism. Of course, this also depends on how “capitalism” is defined. If “capitalism” is merely being used to mean “whatever results from voluntary interaction”, then there is no reason why the norms of libertaran socialism couldn’t concievably arise as a particular manifestation of “capitalism” – which is confusing language. Presumably, these things (such as worker’s cooperatives and mutual aid organizations) are technically “permitted” in a libertarian society.

However, the use of the term “capitalism” among many libertarians tends to conceal the implicit assumption that a certain specific set of modes of economic organization are inherent to it (such as the corporation, traditional wage labor, and so on). This is a conflation of voluntary interaction in general with a particular type of organization or interaction. What’s more, various libertarians have put foreward a criticism of them on the grounds that their relative dominance is within the context of an already-existing non-libertarian social order or political system, and that there are certain reasons for postulating that people would have an incentive to choose alternatives to them in a libertarian social order.

Well. I specifically excluded “capitalism” as being the best way to define libertarianism, so this criticism seems wasted. And in context, I think it was clear what I meant: “Capitalism and the free market describe the catallactic conditions that arise or are permitted in a libertarian society“–meaning I’m referring to the market. “Capitalism” to refer to the common way of describing an advanced market economy in which capital is privately owned, instead of collectively owned. As the dictionary defines it, capitalism is “an economic system in which investment in and ownership of the means of production, distribution, and exchange of wealth is made and maintained chiefly by private individuals or corporations, esp. as contrasted to cooperatively or state-owned means of wealth.”I must say it drives me bonkers when pointless arguments about substantive matters are derailed by dwelling on (a) semantics, or (b) strategy (see my The Trouble with Libertarian Activism). (Re point (b): It also irks me when people derail substantive arguments and discussions by focusing on irrelevant issues such as whether it’s “fair” to have an opinion on what libertarianism is, or that it might imply that a Georgist is not a libertarian. For goodness sake, let’s get on with it, shall we?) [continue reading…]

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Hoppe: Marx was “Essentially Correct”

see https://stephankinsella.com/2009/08/hoppe-marx-was-essentially-correct/

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