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Thoughts on the Latecomer and Homesteading Ideas; or, Why the Very Idea of ‘Ownership’ Implies that only Libertarian Principles are Justifiable,” Mises Economics Blog (Aug. 15, 2007). Archived comments below.

Thoughts on the Latecomer and Homesteading Ideas; or, why the very idea of “ownership” implies that only libertarian principles are justifiable

TAGS Calculation and KnowledgePhilosophy and MethodologyPolitical TheoryPrivate Property

The following is an edited version of my recent post on a libertarian discussion list. I’ve often noted how Hoppe’s writings on libertarian ethics stress the importance of the “prior-later” distinction and the problems with the “latecomer” ethic. A few thoughts on this, which occurred to me while daydreaming earlier today. Much of it is redundant with what has been said before.

Often we have emphasized the importance of the first-use (Lockean homesteading) rule as the only objective, fair, rational principle for allocating property rights. Hoppe repeatedly blends this in with his defense of the first-use, first-own idea.

Let me first note simply that if there is any dispute about ownership, it recognizes ownership as distinct from mere possession. Ownership may be thought of as the right to possess. As Yiannopoulos notes (2):

Property may be defined as an exclusive right to control an economic good, corporeal or incorporeal; it is the name of a concept that refers to the rights and obligations, privileges and restrictions that govern the relations of man with respect to things of value. People everywhere and at all times desire the possession of things that are necessary for survival or valuable by cultural definition and which, as a result of the demand placed upon them, become scarce. Laws enforced by organized society control the competition for, and guarantee the enjoyment of, these desired things. What is guaranteed to be one’s own is property. …. [Property rights are those] rights that confer a direct and immediate authority over a thing.”

But what is implied in the idea that the right to possess—ownership, that is—is distinct from mere possession? It means that if there is any ownership at all—and those who quarrel over things are all asserting different ownership claims and thus presupposing ownership and its distinction from possession—then it does not accrue merely to those who take things from others. That is, if B takes a thing by force from A, this cannot in and of itself make B the owner. Why? Because if it did, it means that C could take it from B, and thereby become owner. But this just means there is no such thing as ownership; there is only possession. “Might makes right,” so to speak. But this contradicts the presumption that ownership and possession are different.From this very simple idea, we see that the entire Lockean idea of first-use, first-own, follows. Why? Because if taking some good by force from its previous is not sufficient to ground an ownership claim, then by Misesian-style “regression” it becomes obvious that only the first possessor/user can have an ownership claim. Every other person takes it from a previous possessor, and is thus a mere possessor—not an owner. The first possessor—the person who plucks the resource from its unowned state out of the commons—is the only possessor who does not take it from someone else; this is why first possession imbues the homesteader with the unique status of ownership.

I.e., the first user and possessor of a good is either its owner or he is not. If he is not, then who is? The person who takes it from him by force? If forcefully taking possession from a prior owner entitles the new possessor to the thing, then there is no such thing as ownership, but only mere possession. But such a rule — that a later user may acquire something by taking it from the previous owner — does not avoid conflicts, it rather authorizes them.

In other words, we can see not only that Lockean homesteading (which is essential to libertarian ethics) is inextricably bound up with the prior-later distinction (and opposed to the late-comer ethic), but that the very idea of ownership implies that only libertarian-style ownership is justifiable.

***

Now this kind of reasoning is inherent in Hoppe’s repeated emphasis on the latecomer ethic being inherent to all forms of socialism. See, e.g., Hoppe, A Theory of Socialism and Capitalism. Some relevant excerpts are appended below.

Note also de Jasay’s way of putting this: his “let exclusion stand” principle (see extended quotes/discussion below). In a nutshell: de Jasay equates property with its owner’s “excluding” others from using it, for example by fencing in immovable property (e.g. land) or finding or creating (and keeping) movable property. Thus, the principle means “let ownership stand,” i.e., that claims to ownership of property appropriated from the state of nature or acquired ultimately through a chain of title tracing back to such an appropriation should be respected. De Jasay uses this idea to demolish the criticism that homesteading unowned resources unilaterally and unjustifiably imposes on others moral duties to refrain from interfering. He writes:

“The basic defense, however, is quite general and straightforward. It is that if a prospective owner can in fact perform it, taking first possession of a thing is a feasible act of his that is admissible if it is not a tort (in this case not trespass) and violates no right; but this is the case by definition, i.e., by the thing being identified as “unowned” [p. 173].”

In other words, if everyone is generally free to act unless they are violating others rights, there is simply no reason not to allow a person to appropriate unowned property. For who could object, if not another, prior owner? To be entitled to object is to be able to “exclude” the claimant, but the right to exclude is an incident of ownership, and the property is by presumption unowned. No one can validly object to my appropriating unowned property, then, because, assuming feasible actions are free, any objection itself must claim a right, and this itself raises a type of ownership claim.

Note that the de Jasayan idea of “let exclusion stand” or the Hoppean idea that the prior-later distinction is of crucial importance also sheds light on the nature of homesteading itself. Often the question is asked as to what types of acts constitute or are sufficient for homesteading (or “embordering” as Hoppe sometimes refers to it); what type of “labor” must be “mixed with” a thing; and to what property does the homesteading extend? What “counts” as “sufficient” homesteading? Etc. And we can see that in a way the answer to these questions is related to the issue of what is the thing in dispute. In other words, if B claims ownership of a thing possessed (or formerly possessed) by A, then the very framing of the dispute helps to identify what the thing is and what counts as possession of it. If B claims ownership of a given resource, he must want the right to control it according to its nature. Then the question becomes, did someone else previously control it (according to its nature); i.e., did someone else already homestead it, so that B is only a latecomer? This ties in with de Jasay’s “let exclusion stand” principle, which rests on the idea that if someone is actually able to control a resource such that others are excluded, then this exclusion should “stand.” Of course, the physical nature of a given scarce resource and the way in which humans use such resources will determine the nature of actions needed to “control” it and exclude others.

De Jasay, as a matter of fact, considers two basic types of appropriation: “finding and keeping” and “enclosure (p. 174). The former applies primarily to movable objects that may be found, taken, and hidden or used exclusively. Since the thing has no other owner, prima facie no one is entitled to object to the first possessor claiming ownership.

For immovable property (land), possession is taken by “enclosing” the land and incurring exclusion costs, e.g., erecting a fence (again, similar to Hoppe’s “embordering”—establishing an objective, intersubjectively ascertainable border). As in the case with movables, others’ loss of the opportunity to appropriate the property does not give rise to a claim sufficient to oust the first possessor (if it did, it would be an ownership claim).

One more tie-in to note: as the above discussion makes clear, different types of scarce resources are homesteaded (and controlled) in different ways. E.g., land is appropriated by embordering and/or transforming it; other things, such as movables, things that may be “found, taken, and hidden or used exclusively”, by “finding and keeping” the good in question.

But note that this applies to unowned resources—not to bodies, which are never unowned. Unowned resources, as I point out in How We Come To Own Ourselves, are unowned, non-bodily things appropriated by actors-with-bodies. As I note in that article, appropriation (first use) is the general way of establishing ownership of—an objective link with—an unowned resource; but in the case of bodies, the objective link is established by the unique relationship between a person and “his” body — his direct and immediate control over the body, and the fact that, at least in some sense, a body is a given person and vice versa.

Thus, just as there are different ways to appropriate—first use, or possess—an unowned resource, according to its nature and the way it in which it is controlled, so there is a difference in how ownership is established over one’s body, and over (unowned) things one (already having a body) acquires from the commons. But in all cases, one’s control over the resource in question (and it is “direct and immediate control” in the case of oen’s body) is relevant to ownership claims.

*******

Below are some extended relevant excerpts from Hoppe and de Jasay (or my summary/discussion of de Jasay):

Hoppe, A Theory of Socialism and Capitalism, pp. 141-43:

“The basic norms of capitalism were characterized not only by the fact that [p. 142] property and aggression were defined in physical terms; it was of no less importance that in addition property was defined as private, individualized property and that the meaning of original appropriation, which evidently implies making a distinction between prior and later, had been specified. It is with this additional specification as well that socialism comes into conflict. Instead of recognizing the vital importance of the prior-later distinction in deciding between conflicting property claims, socialism proposes norms which in effect state that priority is irrelevant in making such a decision and that late-comers have as much of a right to ownership as first-comers. Clearly, this idea is involved when social-democratic socialism, for instance, makes the natural owners of wealth and/or their heirs pay a tax so that the unfortunate latecomers might be able to participate in its consumption. And this idea is also involved, for instance, when the owner of a natural resource is forced to reduce (or increase) its present exploitation in the interest of posterity. Both times it only makes sense to do so when it is assumed that the person accumulating wealth first, or using the natural resource first, thereby commits an aggression against some late-comers. If they have done nothing wrong, then the late-comers could have no such claim against them.[19]

“What is wrong with this idea of dropping the prior-later distinction as morally irrelevant? First, if the late-comers, i.e., those who did not in fact do something with some scarce goods, had indeed as much of a right to them as the first-comers, i.e., those who did do something with the scarce goods, then literally no one would be allowed to do anything with anything, as one would have to have all of the late-comers’ consent prior to doing whatever one wanted to do. Indeed, as posterity would include one’s children’s children—people, that is, who come so late that one could never possibly ask them—advocating a legal system that does not make use of the prior-later distinction as part of its underlying property theory is simply absurd in [p. 143] that it implies advocating death but must presuppose life to advocate any thing. Neither we, our forefathers, nor our progeny could, do, or will survive and say or argue anything if one were to follow this rule. In order for any person—past, present, or future—to argue anything it must be possible to survive now. Nobody can wait and suspend acting until everyone of an indeterminate class of late-comers happens to appear and agree to what one wants to do. Rather, insofar as a person finds himself alone, he must be able to act, to use, produce, consume goods straightaway, prior to any agreement with people who are simply not around yet (and perhaps never will be). And insofar as a person finds himself in the company of others and there is conflict over how to use a given scarce resource, he must be able to resolve the problem at a definite point in time with a definite number of people instead of having to wait unspecified periods of time for unspecified numbers of people. Simply in order to survive, then, which is a prerequisite to arguing in favor of or against anything, property rights cannot be conceived of as being timeless and nonspecific regarding the number of people concerned. Rather, they must necessarily be thought of as originating through acting at definite points in time for definite acting individuals.[20]

“Furthermore, the idea of abandoning the prior-later distinction, which socialism finds so attractive, would again simply be incompatible with the nonaggression principle as the practical foundation of argumentation. To argue and possibly agree with someone (if only on the fact that there is dis agreement) means to recognize each other’s prior right of exclusive control over his own body. Otherwise, it would be impossible for anyone to first say anything at a definite point in time and for someone else to then be able to reply, or vice versa, as neither the first nor the second speaker would be independent physical decision-making units anymore, at any time. Eliminating the prior-later distinction then, as socialism attempts to do, is tantamount to eliminating the possibility of arguing and reaching agreement. However, [p. 144] as one cannot argue that there is no possibility for discussion without the prior control of every person over his own body being recognized and accepted as fair, a late-comer ethic that does not wish to make this difference could never be agreed upon by anyone. Simply saying that it could implies a contradiction, as one’s being able to say so would presuppose one’s existence as an independent decision-making unit at a definite point in time.”

“19. For an awkward philosophical attempt to justify a late-comer ethic cf. J. Rawls, A Theory of Justice, Cambridge, 1971, pp.284ff; J. Sterba, The Demands of Justice, Notre Dame, 1980, esp. pp.58ff, pp.137ff ; On the absurdity of such an ethic cf. M. N. Rothbard, Man, Economy and State, Los Angeles, 1972, p.427.

“20. It should be noted here, too, that only if property rights are conceptualized as private property rights originating in time, does it then become possible to make contracts. Clearly enough, contracts are agreements between enumerable physically independent units which are based on the mutual recognition of each contractor’s private ownership claims to things acquired prior to the agreement, and which then concern the transfer of property titles to definite things from a specific prior to a specific later owner. No such thing as contracts could conceivably exist in the framework of a late-comer ethic! [p. 239]”

***

See also my discussion of Hoppe and embordering in the thread to the Owning Thoughts and Labor post. Note first Hoppe’s discussion of the notion of scarcity, from A Theory of Socialism and Capitalism (p. 134):

I will first state this general theory of property as a set of rules applicable to all goods with the purpose of helping one to avoid all possible conflicts by means of uniform principles, and will then demonstrate how this general theory is implied in the nonaggression principle. Since according to the nonaggression principle a person can do with his body whatever he wants as long as he does not thereby aggress against another person’s body, that person could also make use of other scarce means, just as one makes use of one’s own body, provided these other things have not already been appropriated by someone else but are still in a natural, unowned state. As soon as scarce resources are visibly appropriated—as soon as someone “mixes his labor,” as John Locke phrased it,10 with them and there are objective traces of this—then property, i.e., the right of exclusive control, can only be acquired by a contractual transfer of property titles from a previous to a later owner, and any attempt to unilaterally delimit this exclusive control of previous owners or any unsolicited transformation of the physical characteristics of the scarce means in question is, in strict analogy with aggressions against other people’s bodies, an unjustifiable action.11 [p. 135]

Note hoppe nowhere assumes you own your labor, any more than you own your acts, thoughts, knowledge, intentions, etc., all of which are needed to do possess something. Hoppe focuses on embordering something—being the first to demark an unowned thing as one’s own. As Hoppe writes: “… property claims … which can be derived from past, embordering productive efforts and which can be tied to specific individuals as producers… ” [TSC, p. 13] So, according to Hoppe, it’s not because you own your labor; it’s because you have the best connection to the resource because you were the first; note elsewhere Hoppe focuses repeatedly on the significance of the prior-later distinction.

Hoppe also writes:

Hence, the right to acquire such goods must be assumed to exist. Now, if this is so, and if one does not have the right to acquire such rights of exclusive control over unused, nature-given things through one’s own work, i.e., by doing something with things with which no one else had ever done anything before, and if other people had the right to disregard one’s ownership claim with respect to such things which they had not worked on or put to some particular use before, then this would only be possible if one could acquire property titles not through labor, i.e., by establishing some objective, intersubjectively controllable link between a particular person and a particular scarce resource, but simply by verbal declaration; by decree. [] The separation is based on the observation that some particular scarce resource had in fact — for everyone to see and verify, as objective indicators for this would exist— been made an expression or materialization of one’s own will, or, as the case may be, of someone else’s will.” (TSC, pp. 135-136; see also pp. 142-144)

 

Here Hoppe talks about acquiring property by one’s labor, which he equates to “establishing some objective, intersubjectively controllable link between a particular person and a particular scarce resource”, and which he contrasts with “simply by verbal declaration; by decree”. I.e., for Hoppe, ownership of a thing is established by establishing an objective link between the person and the resource. Once this is done, that person has the best claim to it, by virtue of the prior-later distinction. Nowhere does Hoppe accept the ridiculous notion that you “own” your “labor.”

***

Also, from my review of de Jasay’s great book, against politics:

“As noted above, however, de Jasay does not seem to believe that normative propositions can be justified, and he does not really try to do so. He just uses the occasional “should” and normative premise where it is unavoidable and appears to simply presume that the reader shares these (uncontroversial) premises, perhaps counting on the reader’s own good will or love of consistency. For example, he merely asserts that “[i]t is dubious in the extreme that a political authority is entitled to employ its power of coercion for imposing value choices on society . . . and on individual members” (p. 151). Yet the force of the normative concepts “dubious” and “entitled” here is diluted by the lack of even an attempt at justification.

De Jasay’s argument is thus a hypothetical one—and I am not sure if he would disagree for I am not sure he thinks anything better is possible—for it relies for its persuasiveness on the listener already valuing (for some reason) the goals of justice, efficiency, and order. Nevertheless, because most of these principles are certainly sound and justifiable anyway (for example, using Rothbard’s or Hoppe’s ethical theory), and because de Jasay’s critical and analytical skills are so acute, much of interest emerges from this essay.

His three principles of politics are: (1) if in doubt, abstain from political action (pp. 147 et seq.); (2) the feasible is presumed free (pp. 158 et seq.); and (3) let exclusion stand (pp. 171 et seq.). … … I found the justification of principle (3), “let exclusion stand,” to be of most interest, especially the discussion of homesteading or appropriation of unowned goods. De Jasay equates property with its owner’s “excluding” others from using it, for example by fencing in immovable property (land) or finding or creating (and keeping) movable property (corporeal, tangible objects). Thus, the principle means “let ownership stand,” i.e., that claims to ownership of property appropriated from the state of nature or acquired ultimately through a chain of title tracing back to such an appropriation should be respected.

The basic defense of the Lockean proposition that the first or original appropriator of property is entitled to appropriate it draws on his previous “feasible” principle (2) as well as his distinction between rights and liberties. Others have objected to the idea that one can appropriate unowned property on the grounds that such an action unilaterally (and thus unjustifiably) imposes on others moral duties to refrain from interfering.

The basic defense, however, is quite general and straightforward. It is that if a prospective owner can in fact perform it, taking first possession of a thing is a feasible act of his that is admissible if it is not a tort (in this case not trespass) and violates no right; but this is the case by definition, i.e., by the thing being identified as “unowned” [p. 173].

Thus, by treating individuals as being free to act unless it contravenes a right (claim) of another, there is simply no reason not to allow a person to appropriate unowned property. For who could object, if not another, prior owner? To be entitled to object is to be able to “exclude” the claimant, but the right to exclude is an incident of ownership, and the property is by presumption unowned. No one can validly object to my appropriating unowned property, then, because, assuming feasible actions are free, any objection itself must claim a right, and this itself raises a type of ownership claim.[2]

[1]See Hans-Hermann Hoppe, A Theory of Socialism and Capitalism, ch. 7; idem, Economics and Ethics of Private Property, chs. 8-11.

[2]Similar reasoning is employed in my estoppel theory of rights to preclude someone from denying the rights that they necessarily presume exist in a certain context (punishment). This theory is related to and draws on Hoppe’s argumentation ethics. See Kinsella, “A Libertarian Theory of Punishment and Rights”; idem, “New Rationalist Directions in Libertarian Rights Theory.” Hoppe’s insights into why the first appropriator has a better moral claim than late-comers is also of relevance here. See Hans-Hermann Hoppe, A Theory of Socialism and Capitalism, p.141-44; idem, Economics and Ethics of Private Property, p. 191-93.

Also, an excerpt from my Defending Argumentation Ethics:

Objective Links: First Use, Verbal Claims, and the Prior-Later Distinction

So now we come to libertarianism. It turns out that libertarianism is the only theory of rights that satisfies the presuppositions of discourse, because only it advocates assigning ownership by means of objective links between the owner and the property. This link, of course, is first use, or original appropriation. Only the norm assigning ownership in a thing to its first user, or his transferee in title, could fulfill this requirement, or the other presuppositions of argumentation.

There is clearly an objective link between the person who first begins to use something, and emborders it, and all others in the world. Everyone can see this. No goods are ever subject to conflict unless they are first acquired by someone. The first user and possessor of a good is either its owner or he is not. If he is not, then who is? The person who takes it from him by force? If forcefully taking possession from a prior owner entitles the new possessor to the thing, then there is no such thing as ownership, but only mere possession. But such a rule — that a later user may acquire something by taking it from the previous owner — does not avoid conflicts, it rather authorizes them. It is nothing more than mights-makes-right writ large. This is not what peaceful, cooperative, conflict-free argumentative justification is about.

What about the person who verbally declares that he owns the good that another has appropriated? Again, this rule is not justifiable because it does not avoid conflicts — because everyone in the world can simultaneously decree that they own any thing. With multiple claimants for a piece of property, each having an “equally good” verbal decree, there is no way to avoid conflict by allocating ownership to a particular person. No way, other than an objective link, that is, which again shows why there must be an objective link between the claimant and the resource. As Hoppe states:

“Hence, the right to acquire such goods must be assumed to exist. Now, if this is so, and if one does not have the right to acquire such rights of exclusive control over unused, nature-given things through one’s own work, i.e., by doing something with things with which no one else had ever done anything before, and if other people had the right to disregard one’s ownership claim with respect to such things which they had not worked on or put to some particular use before, then this would only be possible if one could acquire property titles not through labor, i.e., by establishing some objective, intersubjectively controllable link between a particular person and a particular scarce resource, but simply by verbal declaration; by decree. [] The separation is based on the observation that some particular scarce resource had in fact — for everyone to see and verify, as objective indicators for this would exist — been made an expression or materialization of one’s own will, or, as the case may be, of someone else’s will.” (TSC, pp. 135-136; see also pp. 142-144)

As Hoppe notes, assigning ownership based on verbal decree would be incompatible with the “nonaggression principle regarding bodies,” which is presupposed due to the cooperative, peaceful, conflict-free nature of argumentative justification. Moreover, it would not addess the problem of conflict avoidance, as explained above.

Thus, Hoppe is correct, when he writes:

“Hence, one is forced to conclude that the socialist ethic is a complete failure. In all of its practical versions, it is no better than a rule such as ‘I can hit you, but you cannot hit me,’ which even fails to pass the universalization test. And if it did adopt universalizable rules, which would basically amount to saying ‘everybody can hit everybody else,’ such rulings could not conceivably be said to be universally acceptable on account of their very material specification. Simply to say and argue so must presuppose a person’s property right over his own body. Thus, only the first-come-first-own ethic of capitalism can be defended effectively as it is implied in argumentation. And no other ethic could be so justified, as justifying something in the course of argumentation implies presupposing the validity of precisely this ethic of the natural theory of property.” (144)

***

Excerpt from my How We Come To Own Ourselves:

Recall that the purpose of property rights is to permit conflicts over scarce (rivalrous) resources to be avoided. To fulfill this purpose, property titles to particular resources are assigned to particular owners. The assignment must not, however, be random, arbitrary, or biased, if it is to actually be a property norm and possibly help conflict to be avoided. What this means is that title has to be assigned to one of the competing claimants based on “the existence of an objective, intersubjectively ascertainable link between owner and the” resource claimed.[3]

Thus, it is the concept of objective link between claimants and a claimed resource that determines property ownership. First use is merely what constitutes the objective link in the case of previously unowned resources. In this case, the only objective link to the thing is that between the first user — the appropriator — and the thing. Any other supposed link is not objective, and is merely based on verbal decree, or on some type of formulation that violates the prior-later distinction. But the prior-later distinction is crucial if property rights are to actually establish rights, and to make conflict avoidable. Moreover, ownership claims cannot be based on mere verbal decree, as this also would not help to reduce conflict, since any number of people could simply decree their ownership of the thing.[4]

So for homesteaded things — previously unowned resources — the objective link is first use. It has to be by the nature of the situation.

[4]Hoppe elaborates on these themes in ch. 1, 2, and 7 of A Theory of Socialism and Capitalism.

Archived comments:

Comments (116)

  • Mark Humphrey
  • It simply does not follow logically that if Jones homesteads unclaimed resources, or acquires those resources from another through voluntary exchange, that Jones thereby “owns” those resources. For “ownership” and “property” are ethical principles that cannot be proven to exist without defining, demonstrating, and explaining the purpose of ethics, its source and nature.In other words, nothing in the act of homesteading, or in the act of voluntary exchange, or in the act of a forced taking, proves the existence of ethical norms, of which ownership is an instance. Why should it? Without an ultimate moral standard by which one may define the good, it isn’t possible to evaluate the moral character of a choice, or of normative concepts such a property.From what source would such an ultimate moral standard emerge? From the nature of man; from the requirements of human life. What purpose would an ultimate standard of moral value serve? The purpose of human life and flourishing. How would one establish that a standard of moral value exists? By demonstrating that because moral values exist to advance the purpose of human life, all moral values necessarily presuppose the existence of the ultimate moral standard: the life of the individual. For life–and only life–makes values possible. If one loses one’s life, one has no need for values.

    Ethics involves discovering norms by which people ought to guide their choices; “property” is such a norm, a moral good. But the Moral Good must be derived from the challenge peculiar to human experience, namely the responsibility of making appropriate choice for the purpose of sustaining and advancing one’s life. What other standard of the good makes the least bit of sense?

    To attempt to devise ethical shortcuts in defense of property, skipping over the reality of human nature and the necessity of human choice, leads to Nowhere Land. It amounts to building sandcastles to the sky. The result might look impressive, or even grand; but it’s still only a sand castle, not good for much of anything.

  • Published: August 15, 2007 8:15 PM

  • DC
  • Ethics involves discovering norms by which people ought to guide their choices; “property” is such a norm, a moral good. But the Moral Good must be derived from the challenge peculiar to human experience, namely the responsibility of making appropriate choice for the purpose of sustaining and advancing one’s life. What other standard of the good makes the least bit of sense?Sustaining and advancing one’s values or desires, which may sometimes conflict with one’s health or life, comes to mind.
  • Published: August 15, 2007 9:13 PM

  • Person
  • “Property may be defined as an exclusive right to control an economic good, corporeal or incorporeal; “Wow, it can be incorporeal?
  • Published: August 15, 2007 11:14 PM

  • TokyoTom
  • Stephan, your analysis excludes recognition of the facts of that we are strongly tribal in our perceptions and instincts and that much of our property rights are not truly private but held communally by groups (see Ostrom).Our tribal nature is why we cooperate so well in groups (see Yandle) and establish control over nature, while remaining vulnerable to manipulation based on suspicion of outsiders who might attempt to treat “our” property as it if were an unowned, open-access resource.While individual-based private property systems have proven more productive at higher levels of population concentration, more traditional (and less individualistic) communal sytems remain dominant in some areas, such as the Hutterite communes on the Great Plains. These more traditional communities surely own their properties without being libertarian.
  • Published: August 15, 2007 11:53 PM

  • Stephan Kinsella
  • Person: “”Property may be defined as an exclusive right to control an economic good, corporeal or incorporeal; “Wow, it can be incorporeal?”Yiannopoulos is describing the legal institution of property rights. Sure, there can be property rights in incorporeal things, like “inventions” or “original works of authorship”. There can also be murder and slavery.

    TokyoTom: “Stephan, your analysis excludes recognition of the facts of that we are strongly tribal in our perceptions and instincts and that much of our property rights are not truly private but held communally by groups (see Ostrom).”

    Hey, you’ve been in Japan too long. Too much ant-like hive-think. 🙂

  • Published: August 16, 2007 12:20 AM

  • TGGP
  • I don’t see how this makes the radio spectrum any more “homesteadable” or “emborderable” than intellectual property.Max Stirner focuses on “property” rather than “rights” in his Der Ego und es Eigentzum, which would best be translated as “The Individual and its Property”. He declares property to be what one possesses, or is capable of possessing. He also declares everything to be his property, because he will treat it as such. In his Union of Egoists multiple people treat each other as their own property, to be used for their own purposes. He does not count it as a defect that more than one person can claim the exact same thing as their own property. I think the idea of property through perception deserves more attention, which TokyoTom hinted at. It may be the case that I am the last remaining Neandertal with an unbroken line of inheritance to some choice land in Europes stolen by those vicious and possibly cannibalistic homo sapiens sapiens who claim the continent today. Those concerned with morality might bemoan the past injustice, and I am certain most of us would be disgusted by our ancestors if we encountered them, see Pinker on changing morality and violence. Even in the modern day I feel anger toward Mugabe due to his disrespect for the property of others and his inflammation of violence and racism against many who purchased land directly from him (I am ignoring whether he had ownership to sell). However, none of this means a damn thing since my opinion in that area doesn’t account for much. It is the opinion of those there and with power that matters. People are afraid of Mugabe and his thugs. Angola even sends him ninjas. Mr. White Rhodesian ex-farmer has no ownership if ownership means anything practically because ownership he claims is not recognized by the thugs that have taken over his farm. Mugabe owns it. I wish he didn’t but if wishes were wings pigs would fly, so let’s not discuss that. So, a question is how to convince others to recognize your property. I don’t think Rothbard, or Hoppe or Kinsella will be able to persuade Mr. Mugabe and those like him. Since those least prone to respecting the property of others are the biggest problems, I think it would be sensible for libertarians to devote more time to considering how to deal with them rather than ethical philosophers. “Assassination Politics” is a start. Mencius Moldbug’s formalism is another.
  • Published: August 16, 2007 2:49 AM

  • TGGP
  • I should have added some line-breaks, but it’s too late now.
  • Published: August 16, 2007 2:50 AM

  • Anthony
  • Mark: “To attempt to devise ethical shortcuts in defense of property, skipping over the reality of human nature and the necessity of human choice, leads to Nowhere Land. It amounts to building sandcastles to the sky. The result might look impressive, or even grand; but it’s still only a sand castle, not good for much of anything. “You seem to be saying that property rights must be derived from a system like natural law. And I agree. However, argumentation ethics may well circumvent this entirely by showing that one cannot argue against the presuppositions of argumentation (and thus argue a contrary moral) without thereby contradicting oneself.TT, if people want to hold property in common that is their prerogative – they may dispose of their property rights as they please.
  • Published: August 16, 2007 6:14 AM

  • Anthony
  • TGGP, what you seem to be getting at is how to get those in power to respect property rights – that is a matter entirely separate from ethics, although whether it would be just or not is precisely what ethics concerns itself with.
  • Published: August 16, 2007 6:20 AM

  • Mark Humphrey
  • Anthony, in an important sense, I’m not saying that property rights must be derived from natural law. I’m saying that natural law, including ethical norms such as individual rights, including one’s rights to live, to liberty, to property, to self defense, logically have to be derived from the nature of the being to which the rights belong.Specifically, ethics is a logical extension of moral values (about which, more below). Moral values exist to guide one’s chocies toward the achievement of an ultimate standard: one’s life and happiness. Moral values are objective, in two fundamental ways.They are objective first, because the broad requirements of successful human living are objective. Regardless of one’s cultural background, or intelligence, or personal appearance, or wealth, one cannot become happy, for example, through the use of recreational drugs, or by avoiding the effort and challenge of productive work, or by dealing with facts as though they were optional. Regardless of whom one happens to be, to be happy, one must choose to live to achieve one’s human potential, by appropriately engaging life as a human being, by thinking and making good choices that advance one’s objective natural interests.

    Moral values are objective secondarily, in that people are individuals, endowed with personal traits, talents, and limitations. To be happy, one’s personal moral values should be congruent with one’s personal goals steming from one’s uniqueness. This facet of human nature does not contradict the broader requirements of successful human living that apply to everyone.

    These ideas are concerned with moral philosophy, which provides the necessary framework to any subsequent discussion of ethical norms. For ethics is morality applied specifically to the realm of relationships among people. Without first establishing what purpose morality serves–that is, exactly what it is about being human that raises the need for moral values, exactly what these values do for people–one could not establish the nature and purpose of ethics. Nor could one establish the existence of particular ethical principles such as individual rights, including to property, at least in any compelling or persuasive way.

    While Murray Rothbard was a brilliant economist and often an insightful social critic, he and his followers want to dispense with moral philosophy–and with the more abstract groundwork of epistemology and metaphysics–and simply infer “natural law” in the area of political philosophy.

    I doubt that this can be accomplished sucessfully. All of knowlege is logically integrated, a logical hierarchy of increasingly abstract concepts, constructed on the foundation of the evidence of the senses. To dispense with the foundations of moral philosophy as though it were arbitrary or subjective–different somehow for Christians than for atheists, or for Objectivsts versus philosophical agnostics–is an absurdity. Without proven foundations in philosophy, assertions about politics and natural rights are wasted effort. Without first performing the necessary groundwork in moral philosophy, one can’t prove anything about individual rights. One can only postulate.

  • Published: August 16, 2007 1:59 PM

  • Mark Humphrey
  • Anthony, in an important sense, I’m not saying that property rights must be derived from natural law. I’m saying that natural law, including ethical norms such as individual rights, including one’s rights to live, to liberty, to property, to self defense, logically have to be derived from the nature of the being to which the rights belong.Specifically, ethics is a logical extension of moral values (about which, more below). Moral values exist to guide one’s chocies toward the achievement of an ultimate standard: one’s life and happiness. Moral values are objective, in two fundamental ways.They are objective first, because the broad requirements of successful human living are objective. Regardless of one’s cultural background, or intelligence, or personal appearance, or wealth, one cannot become happy, for example, through the use of recreational drugs, or by avoiding the effort and challenge of productive work, or by dealing with facts as though they were optional. Regardless of whom one happens to be, to be happy, one must choose to live to achieve one’s human potential, by appropriately engaging life as a human being, by thinking and making good choices that advance one’s objective natural interests.

    Moral values are objective secondarily, in that people are individuals, endowed with personal traits, talents, and limitations. To be happy, one’s personal moral values should be congruent with one’s personal goals steming from one’s uniqueness. This facet of human nature does not contradict the broader requirements of successful human living that apply to everyone.

    These ideas are concerned with moral philosophy, which provides the necessary framework to any subsequent discussion of ethical norms. For ethics is morality applied specifically to the realm of relationships among people. Without first establishing what purpose morality serves–that is, exactly what it is about being human that raises the need for moral values, exactly what these values do for people–one could not establish the nature and purpose of ethics. Nor could one establish the existence of particular ethical principles such as individual rights, including to property, at least in any compelling or persuasive way.

    While Murray Rothbard was a brilliant economist and often an insightful social critic, he and his followers want to dispense with moral philosophy–and with the more abstract groundwork of epistemology and metaphysics–and simply infer “natural law” in the area of political philosophy.

    I doubt that this can be accomplished sucessfully. All of knowlege is logically integrated, a logical hierarchy of increasingly abstract concepts, constructed on the foundation of the evidence of the senses. To dispense with the foundations of moral philosophy as though it were arbitrary or subjective–different somehow for Christians than for atheists, or for Objectivsts versus philosophical agnostics–is an absurdity. Without proven foundations in philosophy, assertions about politics and natural rights are wasted effort. Without first performing the necessary groundwork in moral philosophy, one can’t prove anything about individual rights. One can only postulate.

  • Published: August 16, 2007 2:02 PM

  • Anthony
  • Mark, are you an Objectivist? Your statements remind me profoundly of Objectivism. Essentially what you have written above seems to me to be consistent with a natural-rights position. I do agree with you on epistemology and metaphysics. Austrianism relies heavily on Kant since Mises, and I think there is good reason to make a return to Aristotle and his metaphysics/ epistemology. Either way though, what Hoppe has attempted, as did Rand, was a way to bypass the ought-is gap (which wouldn’t be necessary if an objective moral system could be outlined.)
  • Published: August 16, 2007 5:45 PM

  • Mark Humphrey
  • Anthony, I’m an objectivist in the broad sense of the term. My favorite ethicist is Tibor Machan.The ought-is gap is a false dictomy, repeated endlessly by moral skeptics since David Hume first postulated this supposedly unbridgeable chasm 300 years ago. The dichotmy is false, because the implications of the process of human living–the seeking of values in support of life and flourishing–point to objective moral purpose. I am persuaded that Rand’s ideas did, in fact, provide broad outlines to an objective and rational (meaning defensible by reason) moral code.Individual natural rights exist. But the arguments employed to prove their existence matter a great deal. I’ve read Hoppe, and I sympathize with his take on private justice versus the taxing predatory state. But the explanation offered by Dr. Hoppe, similar to that of Rothbard and Dr. Kinsella, fails to prove that individual rights exist as facts of man’s nature.

    I only dimly understand your comment about argumentation ethics circumventing the necessity of elaborating and proving moral philosophy. I assume you mean that to deny the existence of property rights forces the denier to advocate an abridgement of his right to exist, which he presumes when he speaks.

    However, such reasoning fails to establish individual rights because the argument is circular. It assumes that ethical rights exist: either everyone has the right to “own” everyone else, or we all “own” ourselves. Since the latter proposition is more plausible, individual rights are held to exist. But this proves nothing important, because it begs the big issue: do moral values and their derivative, ethical principles, including the individual right to property ownership, really exist? Or are they imaginary or cultural inventions?

    Without good moral philosophy, one can’t prove that anyone “ought” to do anything. In the absence of good moral philosophy, one could argue that moral values are non-objective, in which case our choices and actions would be non-moral. We might then refer to “ownership” in a purely descriptive sense, i.e. Jones “owns” (posseses) that house, or Al Capone “owns” (has control of) that Mansion, or the US federal government “owns” (prohibits private ownership within) 2/3 of the American West. But “ownership” would lose its normative meaning, in which ownership is ascribed to proper ethical conduct.

    But if “ownership” were non-normative and merely descriptive, then arguments spun out from the fact that people exist and have possessions would go nowhere.

    I hope I understood your comments.

  • Published: August 16, 2007 7:24 PM

  • TGGP
  • Hume was right. You can’t get ought from is, no way no how no matter the implications.Regarding your comments about flourishing life what do you think of the Hoover Hog’s anti-natalism/pro-mortalism? He claims it leads right from Rothbard’s libertarian ethics, even though he also claims there is no objective basis for ethics. The final installment has not been posted yet, but here are the first three parts:
    http://hooverhog.typepad.com/hognotes/2007/06/initial_harm_pa.html
    http://hooverhog.typepad.com/hognotes/2007/06/initial_harm_pa_1.html
    http://hooverhog.typepad.com/hognotes/2007/07/initial-harm-pa.html
  • Published: August 16, 2007 8:09 PM

  • Anthony
  • I really can’t say I disagree with anything you have said – as I mentioned before, it mirrors a natural-rights position. Be that as it may, Hoppe’s proof is first and foremost a negative proof – it rules out all non-libertarian ethics, as in order to argue one must presuppose the very things they propose obliterating, thereby contradicting themselves. Hoppe argues not merely that “everyone owns everyone” is implausible, but that it is illogical. Argumentation ethics arise in the context of ethics being there to resolve conflicts over scarce resources, a plausible position in my view – as long as there is scarcity, an ethic to deal with it is indeed inevitable.My point on argumentation ethics circumventing the question of objective morality, by the way, was simply that whether morals are subjective or objective makes no difference to the notion.
  • Published: August 16, 2007 8:17 PM

  • Barry Payne
  • In regard to tangible versus intangible property, consider these points using book copyright as an example.Assume the author and owner of the (new) book sells it to someone else for the present value of all expected sales of the book, which also represent the minimum amount necessary for the author to write the book. (The risk of actual sales above or below this amount are absorbed by the buyer.)At that point, the intangible scarce intellectual property of the book is transformed to the seller into physical tangible property (as money), no different from a stove or computer.

    Now assume there’s no copyright law. Would the seller still write the book? (Assume there’s no leisure value to writing the book.) The answer is yes if it can be sold for the same amount, which it could because it’s unique at that point, i.e. cannot be reproduced.

    At this point, copyright law cannot be justified as a necessary incentive to write the book.

    The (wholesale) buyer now possesses a piece of intangible property that he intends to convert into tangible property through retail sales. With no copyright law in effect, he stages a “Harry Potter” sale designed to sell all the books at one time(expected sales that justified his purchase amount from the author).

    If all the books sell, he recovers his cost plus a normal profit. (Note the author could have done this as well.) Beyond this point, retail purchasers of the books copy, sell or give away further editions of the book at will with no harm to the author or first wholesale purchaser of the book in regards to full cost recovery and incentives to produce further books.

    However, if all the books do not sell, it may be because the retail purchasers conspired to purchase only a few books and copy them at much lower cost for the rest of the group. This changes everything and may stifle production of the book in the first place.

    In order for the author to recover whatever minimum amount is necessary to stimulate writing of the book, retail buyers must be isolated from each other to prevent resale to each other. This is also what monopoly sellers do to segment the market in order to discriminate prices.

    If a copyright law was in place but expired at just the time the author and wholesale purchaser recovered just enough cost to inspire the book in the first place, that would be considered by some as the appropriate point to draw the line between protected and unprotected intangible property.

    If government funds were used to induce the production of this book instead of copyright law, the reservation price needed to generate the book should just equal the present value of sales described above.

    However, the problem is how to prevent many other authors and books of less value attempting to claim the amount as well – how to select who is paid or not. But overall, it may still be superior to using copyright law to induce books.

    A good example is how pharmaceutical drugs are developed both, at the NIH as well as privately. Most agree the situation is grossly inefficient due largely to patent abuse and needs an overhaul.

    One way to do it is to set reservation prices with government funds to develop certain desired drugs, for which production rights would be placed in the public domain. This would wipe out economic profit, copycat drugs and genetic buy-backs and encouraging much more innovation.

  • Published: August 16, 2007 9:51 PM

  • TokyoTom
  • Stephan and Anthony: My point is that your analysis is missing a grounding in the history/evolution of man’s possession and use of resources. Life itself is a struggle for resources and in the past, resources were most effectively acquired and protected by groups, not by individuals acting on the basis of recognized indivudual rights.Those groups that most effectively controlled and made productive use of resources gradually have won out against other groups in these ongoing resource struggles – largely societies that internally have controlled tragedy of the commons and rent-seeking problems by establishing rules of ownership. This historical result is not proof that “the very idea of “ownership” implies that only libertarian principles are justifiable”, but simply that these principles help societies to function more smoothly and productively than societies without them. The self-serving assertion that “I own this” implies not that only libertarian principles are justifiable, but that one hopes that others will decline to contest that claim, backed perhaps by clear and impartialially enfrceable rules of law.Clearly, even within modern market socieities considerations of power and influence remain as important as assertions of ownership, and rent-seeking and tragedy of the commons problems persist.

    But this is even more the case with respect to struggles of resources BETWEEN societies, as opposed to within them. On the international scene, where the race for resources continues, kleptocrats rule, and “there is no such thing as ownership; there is only possession. ‘Might makes right,’ so to speak.”

    Regards,

    Tom

  • Published: August 16, 2007 10:38 PM

  • TokyoTom
  • TGGP: “I don’t think Rothbard, or Hoppe or Kinsella will be able to persuade Mr. Mugabe and those like him. Since those least prone to respecting the property of others are the biggest problems, I think it would be sensible for libertarians to devote more time to considering how to deal with them rather than ethical philosophers.”Well said. But libertarians are disinclined, because of fears about rent-seeking, to discuss how the state can be used to address any international problems, even problems that are not subject to private action.
  • Published: August 16, 2007 10:48 PM

  • Mark Humphrey
  • Anthony, I don’t want to beat you over the head about this, but this sentence of yours contains logical problems:”Argumentation ethics arise in the context of ethics being there to resolve conflicts over scarce resources, a plausible position in my view – as long as there is scarcity, an ethic to deal with it is indeed inevitable.”An ethos “to deal with scarcity” is a set of rules that people should observe. You believe this position to be a plausible means to “resolve conflicts over scarce resources..”. But what is plausible to you or me may be repellent to another. What ultimately counts is not plausibility, but proof.

    “Argumentation ethics” is impoverished, first because it assumes without proof that ethical principles exist; and second, because it fails to explain their source and nature. Having made this giant leap of faith, we’re told to believe these mysterious floating “principles” uphold private property as “more plausible” than collective ownership.

    But not only does this short-cut fail to prove that this particular ethical principle, in favor of private property, exists; it utterly fails to demonstrate that ethical principles exist as objective features of the natural human order.

    This is a huge shortcoming, in light of the following: A) Moral skepticism has been on the ascendancy for perhaps 300 years, and B) Political philosophy, of any ideology or persuasion, reduces to claims about ethics.

    If normative values did not exist (objectively), no one could assert a right to anything, including libertarian natural individual rights. So individualism and freedom would lack moral value, as would various forms of coerced collectivism. One might think this reinforces libertarianism, but in fact it destroys it. For on what grounds would one object to the imposition of a dictatorship? On the grounds of starvation? Tell that to Lenin, or to fervent Greens, or to Hitler-worshipping Nazis, or to Pol Pot. The rise of moral skepticism has been used to justify the tidal wave of totalitarian carnage that swept over the Twentieth Century.

    There is good reason why libertarianism gains only a tiny following, in spite of brilliant economic reasoning by Austrians. Libertarians know what they’re against–coercive state meddling–but they do not know what they are for! Lacking a sound moral philosophy, it is not possible to advocate the good. Lacking a concept of the good, libertarians cannot persuade others that their cause is good and just.

    This is why libertarians tend often to cede crucial ideological ground to their enemies–on war, on environmentalism, and on questions of personal morality. John Stuart Mill was a fervent libertarian, a brilliant economist, and, like most Austrians and Chicago Boys, a utilitarian. Mill, of course, ended his career as an advocate of socialism, the rising fashion of his times.

  • Published: August 16, 2007 10:54 PM

  • Mark Humphrey
  • To D.C., You referenced my paragraph below, followed by your one sentence comment:Ethics involves discovering norms by which people ought to guide their choices; “property” is such a norm, a moral good. But the Moral Good must be derived from the challenge peculiar to human experience, namely the responsibility of making appropriate choice for the purpose of sustaining and advancing one’s life. What other standard of the good makes the least bit of sense?Sustaining and advancing one’s values or desires, which may sometimes conflict with one’s health or life, comes to mind.
    __________________________________________________
    There is a fundamental reason why life-destroying values cannot be moral values. Moral values are identified as such because they are consistent with an ultimate value standard, a standard that defines the principle of the moral good.

    There is only one ultimate moral standard consistent with common sense: one’s own life. For that fact that one lives is the source of one’s values; cease living and one has no need of values. So the concept of moral values presupposes the life of the valuer as the standard of value. Moral values exist to further one’s life.

    In contrast, self-destructive values contradict their logical source, the valuer’s life. Values exist to serve life; life doesn’t exist to serve values.

  • Published: August 16, 2007 11:38 PM

  • Mark Humphrey
  • To TGGP:If Hume were correct that moral values cannot exist objectively, why did he make such an effort to persuade others of his ideas? What possible difference would it make what anyone, Hume included, thought about anything? Why should I pay attention to Hume? According to his arguments, “should” is meaningless.Moreover, it seems odd that all people from all cultures through all of history, with no exceptions, have assigned praise and blame to the chocies of others. People sense that moral values exist. They just do not umderstand why.

    I haven’t read anything written by Hoover Hog. But if the Hog himself “claims that there is no objective basis for ethics”, why bother to read him about this? One version of subjective ethics is as “good” (read:”as meaningless”) as another.

  • Published: August 16, 2007 11:49 PM

  • Paul Edwards
  • “”Argumentation ethics” is impoverished, first because it assumes without proof that ethical principles exist;”False. It makes no such assumptions. It observes the undeniable fact that in order to decide if ethical principles exist or not, and which ones, if any exist and can be justified, the question must be asked and argued. Argumentation must occur to answer these questions.It then proceeds to demonstrate that there are certain ethical norms logically presupposed by argumentation, and so, if any ethics are proposed that are contrary to them, they represent a performative contradiction and are therefore rendered logically invalid.

    A-E elaborates on these undeniable presuppositions of argumentation, which include a value of reason and truth, peaceful cooperation, homesteading of previously un-owned resources, survival, and acknowledgment of the necessity of universalizable propositions.

    “and second, because it fails to explain their source and nature.”

    False again. The reasons why it is precisely the libertarian ethic and no other ethic that is presupposed in argumentation are completely laid out.

    “Having made this giant leap of faith, we’re told to believe these mysterious floating “principles” uphold private property as “more plausible” than collective ownership.”

    Perhaps you would care to select one or two of these principles and demonstrate just why they do not uphold private property – they are the essence of private property. Make an argument and let’s see how it goes.

    “But not only does this short-cut fail to prove that this particular ethical principle, in favor of private property, exists; it utterly fails to demonstrate that ethical principles exist as objective features of the natural human order.””

    It rather demonstrates that the logical implication of argumentation is exactly these ethical principles. No one can dispute them without presupposing them while in the act of disputing them. Therefore this very act acknowledges them and validates them.

  • Published: August 17, 2007 2:25 AM

  • Anthony
  • TT: I think we’re talking about different things. You seem to be referring to how historically property has been held. I (and I believe Stephan) are talking about what form of property right is ethically (and logically) justifiable. Collectively-held property may well develop in some areas where it is feasible – this is hardly incompatible with a right to private property.Mark: Paul pretty much covered anything I’d have to say in response. I certainly sympathize with your penchant for an objective moral code, and if you can derive this and defend it, all the better. Even moral nihilists/skeptics will have to advocate some rule or other for scarcity (even if it is “no rule”), and will try and argumentatively justify their position.
  • Published: August 17, 2007 6:21 AM

  • TokyoTom
  • Anthony, as the post from TGGP – with all of his links to violent kleptocracy in Zimbabwe – points out, I think we need to keep this grounded in reality. You guys want to talk about ethical systems, but what really counts is the ability to defend one’s property. That’s true everywhere, and of all types of property.There may be arguments that libertarian systems are best, but I think the proof is always in the pudding, so speak.TT
  • Published: August 17, 2007 7:45 AM

  • Chip Smith
  • TGGP:Thanks for linking to my posts.Mark Humphrey:

    For what it’s worth, my argument regarding the ethics of libertarian nonaggression contextually assumes a deontological grounding. But I disagree with your assertion that subjectivity nullifies any need for further discussion. Ethics is like music, math, and masturbation; we do it because we are imaginitive beasts, evolved to solve problems, and bound by socially predicated frustration. It seems vaguely insulting – to thought, not to me – to devalue moral reasoning on the merit that it may lack some transendent provenance. After all, aesthetic pursuits are subject to rigorous qualitative analysis and standards for the simple reason that art matters to human beings. Why should normative propositions then so surely drift into relativistic meaninglessness? If moral conduct matters, it matters for reasons that are traceable to our predicament as sentient mortals. Start there and already some ethical ideas will be more defensible than others, even if they remain subject to revision.

    Ethics is born in our brains. Objectivity – that’s capital “O” Objectivity – is a phantom opiate, not much different from a god. All you have to do is reason and choose, and play the game.

  • Published: August 17, 2007 8:29 AM

  • Barry Payne
  • From a Hobbesian Jungle of anarchy, property rights arose to provide for ownership over mere possession. Elaborate ceremonies and rituals were designed to validate property transfers and confer rights of ownership to individuals, the first formally enforced exclusionary boundaries of property.At one point Hobbes acknowleged that first-use acquisition of unclaimed property was essentially a matter of transaction costs between a “finder” and a potential prior owner. If the acquisition was not otherwise challenged, it was not worth it, for example, for the finder of valuable edible fruits to hunt down their potential owner. Just take it and move on.The first forms of government rose in parallel with the formation of private property. Prior to this period, property was a matter of possession among groups of hunter-gatherers determined solely on survival. The most powerful and skillful hunters got the largest piece of meat so they could hunt again for the benefit of the group.

    After private property was formalized in agricultural societies, the direct link between survival effort, individuals and resource acquisition was severed.

    Cultural influences of property acquisition combined with heroic (libertarian-like?) individualism are powerful and distort reality. If individuals have equal property rights, how could Christopher Columbus “discover” a place already inhabited by two million people?

    The impasse in most libertarian arguments is that the starting point of a Hobbesian Jungle cannot be recreated to match individuals with their productive capabilities going forward. Accumulated property and all its complicated manifestations stand in the way.

    Instead, we use sports and other cultural activities to simulate the level playing fields and competition we (and some libertarians) want to see but do not exist.

  • Published: August 17, 2007 8:53 AM

  • Stephan Kinsella
  • TokyTom:

    TGGP: “I don’t think Rothbard, or Hoppe or Kinsella will be able to persuade Mr. Mugabe and those like him. Since those least prone to respecting the property of others are the biggest problems, I think it would be sensible for libertarians to devote more time to considering how to deal with them rather than ethical philosophers.”

    Well said. But libertarians are disinclined, because of fears about rent-seeking, to discuss how the state can be used to address any international problems, even problems that are not subject to private action.
    … Anthony, as the post from TGGP – with all of his links to violent kleptocracy in Zimbabwe – points out, I think we need to keep this grounded in reality. You guys want to talk about ethical systems, but what really counts is the ability to defend one’s property. That’s true everywhere, and of all types of property.
    There may be arguments that libertarian systems are best, but I think the proof is always in the pudding, so speak.

    Tom, if I read you right, I find the views you are expressing here utterly confused and incorrect. You are making several errors. Eg., you are blaming the victim; equating might with right; etc. TGGP’s point is NOT “well-said”–he is saying that libertarians “will not be able to persuade” certain criminals; and that since this is “the biggest problem,” “it would be sensible for libertarians to devote more time to considering how to deal with them rather than ethical philosophers.” This is so astoundingly stupid I almost do not know how to respond to it. First, it is indeed true that responding to a thug is a technical problem. Why this should be the job of libertarian ethicists is beyond me. Libertarian principles *are directed at ethical people not at criminals*. If you establish there are rights against non-aggression and subsidiary rights to defend or retaliate, then the civilized person who is threatened or victimized by criminals knows he is justified in banding toghether with other civilized people to treat the criminals as technical problems. The comments above betray no awareness of the division of labor.

    TokyoTom compounds TGGP’s positivistic, nihilistic error when he writes, “You guys want to talk about ethical systems, but what really counts is the ability to defend one’s property.” What ‘really counts”!? For who? For what purpose? You might as well argue that libertarianism is flawed since it does not tell you what kind of lock to put on your house! Ridicoulous.

     

  • Published: August 17, 2007 9:31 AM

  • TGGP
  • I didn’t actually expect Chip to drop in here, but it’s a pleasant surprise nonetheless.Kinsella, my point is that libertarians devote surprisingly little time to “technical” problems relative to ethical philosophy. The people who read your ethical philosophy (a self-selected group since I don’t believe Hoppe and Rothbard are assigned in most schools) don’t need to be convinced since they probably weren’t going to attack me and steal my property anyway. I don’t need to read them either to know I’m “justified” in driving thugs off my property; people have been protective of their property long before they were literate and this is likely why the endowment effect is so ingrained. Jim Bell, Mencius Moldbug and Patri Friedman are trying to come up methods to deal with those people who aren’t going to be reading libertarian ethical philosophy, since that would take away from their valuable raping & pillaging time. So why does the libertarian division of labor contain so few of such people who might actually achieve more liberty? In part because most people involved in libertarianism are acting out of altruistic or charitable motives. There is no reason to expect a charitable organization’s activities to respond to its stated goal in the same way as a profitable business does to its customers demands. The “technical” problem is a hard one and could potentially get one in a lot of trouble for attempting to solve it. So we end up having a lot of smart libertarians waste their energies on something that doesn’t bring us any closer to liberty.
  • Published: August 17, 2007 5:24 PM

  • Anthony
  • TT, and TGGP your point is well taken, but what you are both referring to is matters of strategy. I agree that these are woefully under-developed. However, libertarian ethicists do an important job by showing why certain actions are justified (and why others are not.) Dealing with criminals is a technical problem, indeed, but it is also important to know what our ideal should most closely approximate, and to be able to defend it intellectually against leftist (and other) ideologues. Moral arguments may not have the same direct power as force, but nonetheless ideas shape the way people act. It will go a long way to get more people to actually see _why_ taxation is theft (or drafts a form of slavery), and so on, and make them realize justice is on their side (and not, say, Mugabe’s.) In truth, Austrolibertarianism needs all the philosophers, economists, lawyers and strategists it can get.
  • Published: August 17, 2007 6:18 PM

  • Philemon
  • TGGP wrote: “The ‘technical’ problem is a hard one and could potentially get one in a lot of trouble for attempting to solve it.”One of the first things one is supposed to learn in philosophy is precision. That is, saying exactly what you mean. Can you express yourself cogently? Or, can we infer that this is just noise, and go on about our business?I suspect there might be an idea in there, but, for the life of me, I can’t make out what it is.
  • Published: August 17, 2007 8:22 PM

  • Stephan Kinsella
  • TGGP:

    Kinsella, my point is that libertarians devote surprisingly little time to “technical” problems relative to ethical philosophy. The people who read your ethical philosophy (a self-selected group since I don’t believe Hoppe and Rothbard are assigned in most schools) don’t need to be convinced since they probably weren’t going to attack me and steal my property anyway. I don’t need to read them either to know I’m “justified” in driving thugs off my property; people have been protective of their property long before they were literate and this is likely why the endowment effect is so ingrained. Jim Bell, Mencius Moldbug and Patri Friedman are trying to come up methods to deal with those people who aren’t going to be reading libertarian ethical philosophy, since that would take away from their valuable raping & pillaging time. So why does the libertarian division of labor contain so few of such people who might actually achieve more liberty? In part because most people involved in libertarianism are acting out of altruistic or charitable motives. There is no reason to expect a charitable organization’s activities to respond to its stated goal in the same way as a profitable business does to its customers demands. The “technical” problem is a hard one and could potentially get one in a lot of trouble for attempting to solve it. So we end up having a lot of smart libertarians waste their energies on something that doesn’t bring us any closer to liberty.

    I have no idea what your criticism is. You yourself here are engaged in a type of libertarian discussion that is not focused on how to solve technical problems of criminality. Should you shut up and change your focus? If so, go ahead. If not, what in the world are you jabbering about?

     

  • Published: August 17, 2007 10:24 PM

  • TGGP
  • Philemon, the “technical” problem is people that disregard property rights. One possible attempt to solve this is laid out in Jim Bell’s “assassination politics”, which envisions an anonymous market for offing such people. If it is not as anonymous as envisioned, participants could be held liable for conspiracy, first degree murder and so on. It seemed clear enough to me when I first posted what you quoted, but if it wasn’t that should clear it up.Kinsella, I am not what might be called a “professional libertarian”, just a commenter on blogs. I have not yet come up with either a “technical” solution or a libertarian theory of ethics, but I’d be damned sure to work on the former at the expense of the latter if I had the time for either and I had altruistic motivations (which, as a Stirnerite egoist, I suspect is less true for me than most libertarians).
  • Published: August 18, 2007 11:51 AM

  • Mark Humphrey
  • TGGP: Another way of expressing the error in Hume’s famous dictum that one supposedly cannot “jump” from what is, to what ought to be, is this: “What ought to be is an aspect of that which is.”Paul Edwards: In “Man Economy and State”, Murray Rothbard wrote about his proof for “self ownership”, to along the following lines: There are two mutually exclusive alternatives: either everyone owns themselves, and by extension their own products and achievements; or everyone owns everyone else, together with their products and achievements, but not themselves. Clearly, the first of the two alternatives is more plausible than the second, which is absurd. Therefore, self ownershipand property exist.I assume this is an example of “argumentation ethics”–exploring the implications of ideas. If this is not argumentation ethics, I would be interested in learning why not. Assuming this to be an instance of argumentation ethics, my criticism stands: First, there is a third possibility that Rothbard ignored in his analysis of “two mutually exclusive propositions”; this third possibility is that, as Mises and Hayek and Friedman and most other neo-classical economists contend, objective normative standards do not exist. (I think they do exist, but Rothbard failed to prove that they exist.)

    Second, it is clear that in this example of Rothbard’s argumentation ethics, Rothbard assumed that which he set out to prove: namely that ethical principles, in his example the principle of property ownership, exist.

    Third, in Rothbard’s analysis that purports to demonstrate the absurdity of any proposition that denies self ownership, he fails to define what exactly ethical principles ARE: What purpose do they serve? Why must one observe them? Where do they come? What the hell ARE THEY? (I’m not shouting in caps; I’m seeking emphasis to convey a point that I seem unable to communicate effectively.)

    I don’t understand this statement of yours: A-E elaborates on these undeniable presuppositions of argumentation, which include a value of reason and truth, peaceful cooperation, homesteading of previously un-owned resources, survival, and acknowledgment of the necessity of universalizable propositions”. I don’t think that argumentation presupposes homesteading, cooperation, or any of the values you mention, other than reason and truth.

    If you present me with a short argument from your ethics, I’ll be glad to explain why I think it fails to prove what you believe it proves. If you can demonstrate that I’m wrong about all this, I’ll be happy to learn.

    To Chip Smith: Your comment suggests you’re defending subjectivity and dismissing objectivity as a “phantom opiate”? What on earth is “capital O Objectivity”? And I forget what deontological means.

    If I read you correctly, your comment is a case study in self-refuting absurdities. A few thousand years ago, Aristotle explained the objectivity inherent in the law of identity, and demonstrated beautifully and clearly that everyone assumes the validity of the law of identity when they speak, or point, or even move. They do so even when they claim that Objectivity is “a phantom opiate”.

    If I have misunderstood or unintentionally twisted the meaning of your comment, I’m sorry.

    By Objectivity, do you mean the philosophy of Objectivism?

    We need ethics because we are conceptually thinking, choosing, acting creatures. This observation doesn’t stem from some profound spiritual experience that transcends explanation; its simply commonsense. We need the principles of ethics to live well.

  • Published: August 19, 2007 1:59 PM

  • Anthony
  • Mark, no, Rothbard’s argument is not argumentation ethics. It’s a demonstration that individual self-ownership alone is logical amongst other alternatives. Argumentation ethics uses the concept, but expands upon it. I am sure Paul will elaborate better than i can.
  • Published: August 19, 2007 5:58 PM

  • TGGP
  • “What ought to be is an aspect of that which is.”
    What the hell does that mean? You can get a lot of “is” just by observing, where does any “ought” come in?I believe by “capital O”, Chip was referring to Ayn Rand’s philosophy of Objectivism.
  • Published: August 19, 2007 6:20 PM

  • Mark Humphrey
  • Anthony: If the example from Rothbard is not argumentation ethics, it is an argument made both by Rothbard and by Hans Herman Hoppe in “Democracy: the God that failed”, if my memory serves.It seems odd that no one on this thread addresses the weakness in the argument, namely that it posits as mutually exclusive two alternatives; in fact, there is a third imnportant alternative that, if ackowleged, destroys the validity of the argument.An ethical nihilist would not be logically compelled to concede libertarian self ownership by arguing that ethics does not exist objectively. For example, if a nihilist acknowleged the existence of property by arguing that A posseses or holds title to B, he has acknowleged ownership in a descriptive rather than in a normative sense. The nihilist might affirm that he cares fervently about his own possessions, and his mother’s possessions; but deny that if another takes his possessions, or his mother’s, that injustice occurred. The nihilist might argue that there’s no injustice because there’s no such thing as justice, a normative standard, in the world. There are only individual subjective preferences, that each of us acts to realize as we, automan-like, act out our value scales.

    Up to a point, I sympathize with Austrian efforts to infer broad natural laws, such as the moral value of private property, from the nature of axioms. However, it’s rather a stretch to identify private property as morally good, meaning in this context objectively valuable and morally defendable, without first establishing the nature of the good, why good and bad exist, what exactly good and bad mean.

    Austrian attempts to defend private property skip over such questions entirely. I might employ a
    broadly similar philosophical approach if I were to argue, for example, that anthropological global warming is all Blarney (it is!) because carbon, the same chemical contained in Co2, is the essential building block to all forms of life!

  • Published: August 19, 2007 7:05 PM

  • Mark Humphrey
  • TGGP: I am greatly relieved to read that Chris meant only to disparage Ayn Rand’s philosophy. Such criticism is common–typical even–among Rothbardian libertarians, who usually leave me with the impression that they do not understand Rand’s ideas. I would be really concerned if Chris were actually a subjectivist, uncertain, for example, as to whether or not he exists.There’s no way I can effectively explain what my sentence meant, in context, application, definition, proof, etc., without writing an essay about ethics.Briefly, the class of facts that are moral and ethical principles are implicit in the nature of reality, including especially the nature of man. Man’s nature requires him to live by choosing (volitionally) to try to think things through to make good choices and take appropriate action.

    Man’s reasoning powers consist of forming and integrating concepts, on the foundation of the evidence of the senses, using logic across every step of the process. Because knowlege is a logically integrated hierarchy of increasingly abstract concepts, man’s knowlege is, of necessity, built around the discovery of principles. Principles integrate all of man’s concepts, on the basis of deductions or inferrences from less abstract concepts.

    Without principles, human knowlege would not be possible; each new idea would remain logically disintegrated, out of context, unproven, in relation to other ideas. So principles are essential to man’s ability to think, to learn, and to live. Principles of ethics guide man through the challenge of making good choices consistent with the unique requirements of human life.

    In summary, when man chooses to live in ways congruent with his nature, his choices are good. Thus, moral values are implicit in the nature of man. So what man ought to do is an aspect of the nature of what is, meaning the nature of reality and human nature.

  • Published: August 19, 2007 7:48 PM

  • TokyoTom
  • Stephan, in your haste to jump down my throat, you conveniently neglected to address the comments in my second post (starting “Stephan and Anthony:”.Go ahead and construct a libertarian edifice, but don’t ignore that it relates to those peculiar clannish critters called humans, and must sit in the context of a continued struggle over resources between individual, groups and societies.TT
  • Published: August 19, 2007 10:58 PM

  • Stephan Kinsella
  • TT, “Stephan, in your haste to jump down my throat, you conveniently neglected to address the comments in my second post (starting “Stephan and Anthony:”.Go ahead and construct a libertarian edifice, but don’t ignore that it relates to those peculiar clannish critters called humans, and must sit in the context of a continued struggle over resources between individual, groups and societies.”I didn’t “jump down your throat”; I simply disagree with you.

    YOu had written previously:

    Stephan and Anthony: My point is that your analysis is missing a grounding in the history/evolution of man’s possession and use of resources. Life itself is a struggle for resources and in the past, resources were most effectively acquired and protected by groups, not by individuals acting on the basis of recognized indivudual rights.

     

    Those groups that most effectively controlled and made productive use of resources gradually have won out against other groups in these ongoing resource struggles – largely societies that internally have controlled tragedy of the commons and rent-seeking problems by establishing rules of ownership. This historical result is not proof that “the very idea of “ownership” implies that only libertarian principles are justifiable”, but simply that these principles help societies to function more smoothly and productively than societies without them.

    But you see, I do not agree with you. You think it just obviously follows from your proposed history of humankind that ownership does not imply the libertarian principles. But it does not follow at all. Your commments, it seems to me, are utterly irrelevant to what I’ve said about what is implied in the notion of ownership. You really seem to fail to distinguish between is and ought–which you seem to admit when you later say that “‘Might makes right,’ so to speak” (though I admit I can’t tell whether you’re endorsing this notion or not, or trying to limit it to the “international sphere”). What is amazing is you don’t even seem to realize how your collectivist positivism is not compatible with libertarianism. Or maybe you do, and are not even a libertarian at all–is that the case? I thought we were having an intra-libertarian discussion here, not debating socialists.

    The self-serving assertion that “I own this” implies not that only libertarian principles are justifiable, but that one hopes that others will decline to contest that claim, backed perhaps by clear and impartialially enfrceable rules of law.

    I said that the very concept of ownership implies the libertarian notion, not “merely asserting it”. It is very simple, TT: ownership means more than mere possession. Whoever the owner is, he is entitled not to have his property taken from him by force by some latecomer. That is inherent in the idea of ownership. If the latecomer is entitled to become the new owner merely by taking the thing from a previous owner, then we don’t have ownership, but merely might-makes-right possession. So from this simple idea that the latecomer does not acquire ownership by merely taking the thing from a previous possessor-owner, you can see a regression-type argument all the way back to the first homesteader. It’s beautiful.

     

  • Published: August 20, 2007 7:37 AM

  • TGGP
  • In summary, when man chooses to live in ways congruent with his nature, his choices are good.
    It sounds like you are committing the naturalistic fallacy here. Just because it is my nature to kill, rape and steal does not make any of those actions “good”.I was surprised to see this i.p address is still banned. I’d thank God for proxies if I believed in him.
  • Published: August 20, 2007 12:15 PM

  • Mark Humphrey
  • To TGGP: Since human beings have mental capabilities that are volitional, they have the ability to cause their actions through choice. Their choices may be good or bad, benevolent or murderous, courageous or craven. The character of the choices people make has a great deal to do with the level of conscientious and effort they bring to the challenge of life.Because people sometimes commit wrongful acts, it might be tempting to conclude that people are by nature vicious. Or one might conclude that people have an indeterminate nature, because one never knows what choices other people will make. If people are vicious by nature, or if people have no clear nature, as contemporary philosophers claim, then the idea that ethics are choices that properly reflect one’s nature doesn’t make much sense. Of course, this conclusion would still leave unanswered the question: what is the source and nature of ethics?However, it is clear that people are equiped by nature to think and choose; and it is incontrovertible that people must live by the proper exercise of this ability. This is human nature. It follows, therefore, that the choices people make have consequences for the character of their lives. Good chocies seek normative values, values that uphold and advance the kind of life, that for human beings, is normal.

    What kind of life is normal for human beings? To begin, a life that is directed by a continual effort to be rational; that is, to be in firm and clear contact with the facts of reality. Rationality is a cardinal virtue, because it is fundamentally necessary to the challenge of living. One must choose to act in order to live, but if one fails to identify and understand facts, how can one choose properly? Rationality is also the cardinal virtue, because it is necessary to the fullfillment of all other virtues, such as honesty, productivity, integrity, generosity, etc.

    The profound insight of classical liberalism, which flowed from the values and insights of the Enlightenment, is that there is a natural harmony of interests among men who are reasonable. The idea of a natural and benevolent harmony of interests is essential to free market economics, which explains why the division of labor, the free price system, and free competition naturally produce a great outpouring of abundance that showers its benefits on everyone, rich and poor.

    Clearly, if man’s natural state were murder, rape, and pillage, a free market would be incapable of delivering the benefits of social cooperation to anyone.

  • Published: August 20, 2007 2:24 PM

  • ktibuk
  • “”What ought to be is an aspect of that which is.”
    What the hell does that mean? You can get a lot of “is” just by observing, where does any “ought” come in?”You ought to eat if you want to live.An ought by observation.

    If you value life as the ultimate source of value “ought” is infact the same thing as “is”.

    Ethics aren’t really that complicated once you decide whether to live or die.

    The one thing you can’t say in objectivist ethics is, “you ought to live”. Everyone must choose tha path themselves. Ethics come after that main decision.

  • Published: August 20, 2007 3:13 PM

  • TGGP
  • Mark Humphrey, you talk of Man and his nature rather than the many men and their different, constantly changing natures. For some men that nature is to kill, rape and steal (I say that because they do it). You say that it is good to be normal. Most people are not libertarians; they are statists. Is libertarianism therefore immoral and statism good? Among the Yanomamo people it is murder, rape and theft are normal and proclivity and success in such activities are the among the primary determinants in evolutionarily defined fitness. Can they then say our culture is immoral, or we that theirs is? I will speak ill of their culture, because I dislike it, just as I will speak ill of popular music today or pickled liver. I answer the question “what is the source and nature of ethics?” with “subjective taste”.If you value life as the ultimate source of value
    Life does not have objective value. Chip may have his anti-natalist/pro-mortalist position and “the party of death” theirs. I do not value the lives of bacteria that infect me, and an alien civilization that viewed humanity analogously to how I view bacteria could not be convinced it is immoral to use something like anti-biotics (see how even rationality can lead to “anti-life” results) against us.
    “ought” is infact the same thing as “is”.
    Sounds like the naturalistic fallacy, enshrining the status quo as moral.
  • Published: August 20, 2007 4:21 PM

  • TokyoTom
  • Stephan, let me see if I can make myself any clearer.I recognize that libertarians accept the “first-use (Lockean homesteading) rule as the only objective, fair, rational principle for allocating property rights”, and the distinction you draw between mere possession and ownership. This is fine with me.My chief point was simply that such distinctions and principles do not, in fact represent the real world, which has always been and still remains one of a constant struggle over resources, where possession may be clear but ownership (as a recognized entitlement) is not something that is universally accepted – either within or outside of the US. Thus we still have to face a “might makes right” struggle (to use the words in your initial post), where what really matters is one’s ability to defend resources.

    Regards, TT

  • Published: August 21, 2007 8:09 AM

  • Stephan Kinsella
  • TT:

    I recognize that libertarians accept the “first-use (Lockean homesteading) rule as the only objective, fair, rational principle for allocating property rights”, and the distinction you draw between mere possession and ownership. This is fine with me.

     

    My chief point was simply that such distinctions and principles do not, in fact represent the real world,

    What does this mean, that the principle does not “represent the real world”?

    What if I said, “you should not commit murder.” Does this principle “represent the real world,” or does it not?

    I think it does neither; it is not meant to “represent” the real world. It is not descriptive; it is prescriptive. Do you not see the difference between is and ought, fact and value, description and prescription?

    which has always been and still remains one of a constant struggle over resources, where possession may be clear but ownership (as a recognized entitlement) is not something that is universally accepted – either within or outside of the US. Thus we still have to face a “might makes right” struggle (to use the words in your initial post), where what really matters is one’s ability to defend resources.

    You again are conflating different things. You seem to think that the fact that rights are not automatically enforced, that oughts are not always followed, has some relevance. Of course some people can, and will, disregard–act contrary to–moral laws and rules. So what? For them, of cousre we need practical techniques. For example, people tend to put locks on the doors of their homes. The fact that locks are used does not mean that burglars are not immoral. I think you are just confusing different realms of inquiry. If you are merely trying to state the obvious–that we need to find ways to defend against criminals–well, okay.

     

  • Published: August 21, 2007 9:14 AM

  • Anthony
  • I think Stephan gave a good response. Ultimately, we are talking about different things – about prescriptive norms on the one hand and how to implement these on the other. The two realms are hardly mutually exclusive, and the latter must be guided by the former, to establish a teleological approach.
  • Published: August 21, 2007 9:48 AM

  • Jean Paul
  • Exactly. You can’t solve a problem if you don’t fully understand it. And the problem isn’t just, “how do we resolve the many conflicts in the world today?”The problem is actually “how do we resolve the many conflicts in the world today, in a morally permissible way?”The distinction is lost on moral relativists, but of almost paralyzing importance to objectivists. Hence the extreme relevance of discussions like these.
  • Published: August 21, 2007 10:27 AM

  • Jean Paul
  • …small-o objectivists of course…
  • Published: August 21, 2007 10:29 AM

  • Paul Edwards
  • Mark Humphrey,”Prof. Hans Hoppe, a fairly recent immigrant from West Germany, has brought an enormous gift to the American libertarian movement. In a dazzling breakthrough for political philosophy in general and for libertarianism in particular, he has managed to transcend the famous is/ought, fact/value dichotomy that has plagued philosophy since the days of the scholastics, and that had brought modern libertarianism into a tiresome deadlock. Not only that: Hans Hoppe has managed to establish the case for anarcho-capitalist-Lockean rights in an unprecedentedly hardcore manner, one that makes my own natural law/natural rights position seem almost wimpy in comparison.”M.N. Rothbard.

    http://hanshoppe.com/publications/liberty_symposium.pdf

    When I speak of Argumentation Ethics, I am always thinking of Hans Hoppe’s explication of it. With that as the framing, my further comments are below.

    M: In “Man Economy and State”, Murray Rothbard wrote about his proof for “self ownership”, to along the following lines: There are two mutually exclusive alternatives: either everyone owns themselves, and by extension their own products and achievements; or everyone owns everyone else, together with their products and achievements, but not themselves. Clearly, the first of the two alternatives is more plausible than the second, which is absurd. Therefore, self ownershipand property exist.

    M: I assume this is an example of “argumentation ethics”–exploring the implications of ideas. If this is not argumentation ethics, I would be interested in learning why not. Assuming this to be an instance of argumentation ethics, my criticism stands: First, there is a third possibility that Rothbard ignored in his analysis of “two mutually exclusive propositions”; this third possibility is that, as Mises and Hayek and Friedman and most other neo-classical economists contend, objective normative standards do not exist. (I think they do exist, but Rothbard failed to prove that they exist.)

    P: Mises had been known to write something to the following effect: That which promotes peace and cooperation is just and in keeping with justice. That which tends to disrupt peace and cooperation is unjust. Therefore, I would argue that Mises had an objective concept of social justice in mind. When he made these observations, he did not mean “maybe”. On this basis it is my contention that implied in what Mises calls justice, is a justifiable ethic. This is a set of social norms which can be objectively or intersubjectively agreed on which will, in fact, promote peace. This is in fact, the bedrock on which capitalism and the free market rests. There is no possibility that peace can be achieved without an agreement on normative standards.

    P: Therefore, if our goal is to promote peace and allow for conflict avoidance, we must agree to adopt a set of social norms which is in keeping with this objective. Mises apparently thought this was possible and necessary; Hoppe has demonstrated a proof confirming it is.

    M: Second, it is clear that in this example of Rothbard’s argumentation ethics, Rothbard assumed that which he set out to prove: namely that ethical principles, in his example the principle of property ownership, exist.

    P: The argument is not that they exist, but rather that they are required to allow for peace, and that no other contradictory ethical principles can be justified. The starting point is to recognize that we wish to live in peace, and we wish to discuss how to do so. Those who do not share this interest are logically excluded from the discussion on the topic, because, for one thing, discussions and argumentations presuppose an appreciation and acknowledgment of the need for peace.

    P: I view the issue as two part. The first is in landing on and asserting what is actually not really all that contentious: That is that the libertarian ethic: self-ownership, homesteading, production combining homesteaded property with one’s labor, and voluntary contracting between property holders are THE means of allowing for survival, conflict avoidance and peaceful cooperation.

    P: The second part is to recognize that recognizing the truth – or falsehood – in this proposition must be done via argumentation. It is here that we recognize that it is argumentation itself which logically presupposes the very thing we are striving to attain: peace and cooperation with the avoidance of conflict. Once we recognize this, all there is to do is to show that these above propositions are true, false, incomplete, or whatever. And the other thing to do is to recognizing that any propositions that lead to conflict, or in any other way contradict the presuppositions of argumentation, are an invalid contradiction.

    M: Third, in Rothbard’s analysis that purports to demonstrate the absurdity of any proposition that denies self ownership, he fails to define what exactly ethical principles ARE: What purpose do they serve? Why must one observe them? Where do they come? What the hell ARE THEY? (I’m not shouting in caps; I’m seeking emphasis to convey a point that I seem unable to communicate effectively.)

    P: The goal of an ethic is to allow for conflict avoidance. To present a set of social norms and rules which allow us to intersubjectively ascertain who owns what scarce and valuable resources, and therefore who has a right to exclusive control over them. A valid ethic allows us, in principle, to know at every given moment what each of us has a right to do and with what.

    M: I don’t understand this statement of yours: A-E elaborates on these undeniable presuppositions of argumentation, which include a value of reason and truth, peaceful cooperation, homesteading of previously un-owned resources, survival, and acknowledgment of the necessity of universalizable propositions”.

    P: What I really meant, if I managed to neglect to mention it, is that Hoppe’s elaboration of Argumentation Ethics elaborates on these presuppositions. If you reflect on this question, you will agree. The question is this: How do you both survive, and avoid conflict? The application of the above principles answers the question adequately. If there are others, add away. But those are believed to be the long and the short of it. Many other principles violate these and lead to conflict or prevent our survival. Those cannot be justified on those grounds alone.

    M: I don’t think that argumentation presupposes homesteading, cooperation, or any of the values you mention, other than reason and truth.

    P: But it does implicitly and here is how: it presupposes freedom to argue – a right to argue – and to apply only the force of reason, cooperatively, rather than physical violence against the other’s person, to arrive at a truthful conclusion. And it presupposes survival, yet it presupposes peace. The right to homesteading is an integral part of this as it is plain to see that if no one has the right to appropriate things in nature to one’s self, that death is close at hand. And homesteading allows for such appropriations conflict free – and conflict avoidance is another requirement. Clearly homesteading must be a part of a valid ethic that allows both survival and conflict avoidance. Similarly voluntary cooperation is the logical essence of an argumentation, as it is also the goal of an ethic. Before one sets out to apply reason to land on the truth, one implicitly assumes the activity will be peaceful and cooperative – not physically violent and void of threats of coercion.

    M: If you present me with a short argument from your ethics, I’ll be glad to explain why I think it fails to prove what you believe it proves. If you can demonstrate that I’m wrong about all this, I’ll be happy to learn.

    P: Let me know how I did. I do recommend Hoppe on the topic though. His discussion on it is better than mine.

  • Published: August 21, 2007 3:07 PM

  • Mark Humphrey
  • To TGGP: The idea of a normal human life can be confusing, because humans determine the moral character of their lives through free will.Still, there is a real objective standard implied in human nature as to what a normal or proper human life is. A proper human life is one that fullfills the individual’s potential for self actualization and achievement, in accordance with his nature as a human, and in accordance with his uniqueness as an individual. One can look around and see people who develope their abilities and confidence, their success and happiness, to a high degree; or to an abysmally low degree. Some write great books and marry happily, or found great companies and enrich their experience with friendships and love; others lead morally impoverished lives burdoned by tragedy partly or mostly of their own choosing; some even kill themselves out of despair. A proper or normal human life is one that has succeeded in fullfilling its potential; one that achieves success and happiness by the proper use of volitional reasoning and self discipline.Again, that which is natural to an individual of a species is that which fullfills the potential of that species. A red, juicy, healthy apple is proper, a good apple; a diseased, shrunken, worm-ridden apple is an abnormal apple, a bad apple. In the case of apples or horses or elm trees, the causes that produce good or bad specimans is not volitional; the causes are outside the control of the bad apple or stunted tree. But for human beings, a good measure–but certainly not all–of the character of an individual’s life is under his volitional control. Of course, people who grow up under terrible abusive circumstances have less volitional freedom than their luckier bretheren.

    If you’re a subjectivist, TGGP, and if you decide to think carefully and long about the implications of that position (no disrespect intended, here), I am willing to bet you’ll discover big inconsistencies of that position with your own experience in life, and with your own attitudes about what is proper in life. For example, when was the last time you blamed or congratulated someone?

  • Published: August 21, 2007 3:49 PM

  • Mark Humphrey
  • Paul Edwards: Thanks for your comments; I will read carefully and respond, perhaps tonight.
  • Published: August 21, 2007 3:52 PM

  • TGGP
  • The idea of a normal human life can be confusing, because humans determine the moral character of their lives through free will.
    I don’t believe in free-will.One can look around and see people who develope their abilities and confidence, their success and happiness, to a high degree
    Like Bill Clinton or Robert Mugabe?others lead morally impoverished lives burdoned by tragedy partly or mostly of their own choosing
    Are there not people who lead “morally impoverished” lives with no tragedy and people who lead blameless but tragic lives?

    Again, that which is natural to an individual of a species is that which fullfills the potential of that species.
    If I use nanobots and steroids to create an artificial apple that is redder, plumper and juicier than any apple that has ever before existed, is that then “natural”? You should also recognize that disease and death are “natural” and that since they are possible they must be considered “potentials”, and it is no more objective to describe their potential as “fulfilled” when they have one outcome than another. We should also not deny that diseases and other parasites fulfill their potential at the expense of others!

    If you’re a subjectivist, TGGP, and if you decide to think carefully and long about the implications of that position (no disrespect intended, here), I am willing to bet you’ll discover big inconsistencies of that position
    I do not believe in any normative truths that could conflict with anything. I have thought long on it and have not discovered what you believe I would.

    your own attitudes about what is proper in life.
    I regard those as subjective preferences, just as my tastes in food, music and movies are.

    For example, when was the last time you blamed or congratulated someone?
    I will blame and congratulate when I think doing so will lead to results I desire.

  • Published: August 21, 2007 7:34 PM

  • Mark Humphrey
  • Paul, Thanks for your comments; I don’t agree. I wrote a lengthy post, then lost it somehow. So I’ll make my remarks brief.You offer no proof that your premises about ethics are true. You want them to be true, but you haven’t proven them to be true. For example, you assert that peace is the ultimate standard of ethical principles, i.e. ethics is rules designed to achieve peace. But why? Many people want peace, but they consider that value less important than environmentalism, or getting Hitler or Saddam, or redistributing other people’s money. Why should they prefer peace to ending global warming?You state that ethics exists to avoid conflicts. But why? Many people seek conflict, for political and personal goals. Perhaps they don’t like the costs associated with conflict, but they like the results, when they win. Often, they think–and they’re right–that conflict is necessary to their pursuit of certain values. One can show that those values are warped–are non-values–but not by positing that the purpose of ethics is to spare people conflict. This idea doesn’t explain where ethics comes from, and why it applies to everyone, even if they don’t understand that ethics is objectively real.

    Your assertions about my speaking implying freedom to speak doesn’t follow logically. If I hold up a married couple at night in their home, and demand to see the contents of their safe, my speaking this ddemand certainly does not presuppose my value of freedom, or peace, or the avoidance of conflict.

    I like your observation that without objective–that means capable of being proven through reason–moral values, normative standards, people could never avoid conflicts. Ayn Rand wrote a great essay: “The Roots of War”, wherein she explains why people must uphold reason as man’s only proper means of acquiring knowlege, objective normative standards are not possible. Without reason, no ultimate epistemological standard
    eexists for people to determine what is knowlege and what is unfounded fantasy or belief.

    TCCP: If we lack free will, there is no point in discussing anything. For the idea of proof, of evidence, or logic, of KNOWLEGE, all presuppose the ability of the thinker to distinguish between truth and falsehood.

  • Published: August 24, 2007 4:40 PM

  • Anthony
  • Two points:1) The point of AE is that no _ethic_ contrary to the libertarian ethic can be argumentatively justified (whereby ethic we mean a set of rules for avoiding conflict over scarce resources.)2) You’re speaking that demand does already contain an implicit premise: you assert ownership over yourself. But this isn’t argumentation in the first place. This is not a peaceful pursuit of the truth, would you not agree?
  • Published: August 24, 2007 5:30 PM

  • Mark Humphrey
  • Anthony: I think I understand argumentation ethics, which sets out to demonstrate that one implicitly assumes an idea that one asserts is false, in the process of asserting that idea. This approach works in any denial of existence, or in any argument that man lacks free will. Clealy, one must exist to deny existence. Just as clearly, one must possess the mental capability of distinguishing between facts and illusions to argue that one lacks the ability to make those distinctions (i.e. that one lacks free will).Now to state that Jones implicitly asserts his right to speak, or to live, in the process of making a peaceful argument to another person raises difficulties that do not exist in the two examples I suggested above.The first problem is that, as you concede in your comment, no one demonstrates by argumentation ethics that ethical principles exist. For argumentation ethics only seeks to establish the contradictions in other “non-libertarian” ethical rules. But if no ethical principles existed in
    the first place, by what reasonable criteria would one protest the imposition of a dictatorship? By what reasonable criteria would one argue that environmentalist policy that creates human suffering for the sake of “nature” is wrong? True, political collectivists cannot prove that their hegemony is just, but that hasn’t stopped them in the past. Our only means of turning back statism is to demonstrate that statism is morally wrong. AE doesn’t accomplish that.

    A second difficulty with AE is that it doesn’t prove that one affirms the existence of “libertarian ethics” by the act of living, or speaking, or possessing property, or defending oneself from attack by another. What those actions implicitly demonstrate is that one chooses to live, or speak, or etc. The actions demonstrate nothing beyond this preference. The actions do not prove that one “should” live, or speak, or etc.

    A third problem resides in the phrase “peaceful argumentation”. This phrase refers, I assume, to talk aimed at persuading another. But the talker doesn’t affirm natural rights by talking. How could he possibly do so? The thinker who imagines that the talker has affirmed natural rights cannot define the identity, or source, or nature of the principle he claims the talker is implicitly affirming!

    A fourth problem is the notion that by speaking, one thereby asserts “ownership” over oneself. This is meaningless, because it confuses and merges together two entirely distinct uses of the term “ownership”. The first use refers to possession descriptively, but non-normatively; without regard to ethical considerations. The second use refers to an ethical norm; one is justified in possession. But recognizing that a human being may think and act of his own initiative does not establish that his doing so is “just”. For what is “libertarian justice”? Thinking and acting of one’s own initiative. Why? No answer is given.

  • Published: August 25, 2007 2:26 PM

  • Mark Humphrey
  • Anthony:One last comment about AE. One can easily prove that various kinds of collectivist “rights” or “duties” are bunk. For such rights and duties are never proven, and in fact are asserted by thinkers who attack reason at its philosophical roots. But if reason were somehow deficient or misleading, then all “facts” would be flawed, including facts about ethics. Collectivists always assert knowlege about ethics and politics by some form of revalation, divine or secular.So “argumentation ethics” is not necessary to proving that collectivist ethical claims are unproven and riddled with contradictions. Anyone who is willing to think about collectivism can identify the absurdities. However, most people don’t think, not because they’re stupid, but because they passively believe what they’ve been taught, that one must not trust reason. One must trust Authority.

    To make sense of ethics, there are no shortcuts to understanding. That implies understanding of why objective moral values exist, why people need moral values (including someone stranded on a desert island, where no other people live), why moral values are a requirement for human living.

    In his book on ethics, Rothbard admits that he doesn’t deal with underlying problems of moral philosophy. Rothbard tried to skip over those problems to establish “libertarian ethics” justifying private property. He failed in this endeavor.

  • Published: August 25, 2007 2:43 PM

  • Paul Edwards
  • Mark,M: Paul, Thanks for your comments; I don’t agree. I wrote a lengthy post, then lost it somehow. So I’ll make my remarks brief.My pleasure, more below.

    M: You offer no proof that your premises about ethics are true. You want them to be true, but you haven’t proven them to be true. For example, you assert that peace is the ultimate standard of ethical principles, i.e. ethics is rules designed to achieve peace. But why? Many people want peace, but they consider that value less important than environmentalism, or getting Hitler or Saddam, or redistributing other people’s money. Why should they prefer peace to ending global warming?

    Ok, why indeed should they not prefer anything at all over peace? After all, it is also true that your common criminal obviously has at least a few priorities that trump in his mind, the goal of peace and justice. Why should his ethic as well as any other not prevail either? We do need an answer.

    The answer is this: none of any of these other ethics can be justified. So see if you can agree with me here: whatever ethic you wish to propose or suggest, you’re going to have to propose or suggest it, and also defend it; and each of these can only be done via argumentation. So as long as you agree that an ethic is about a set of normative rules of social interaction, and this is what we agree we will discuss, it immediately becomes apparent that we must and implicitly will adopt and agree to some fundamental normative rules if only to discuss what normative rules we wish to agree to. You see where i’m going already, I think. What does and must argumentation presuppose? Do you not agree that it is and must be a cooperative undertaking involving the peaceful interaction of at least two people who are and logically must be pursuing truth and valid conclusions based on reason and logic and necessarily not by threat of force? And that this is to say that argumentation presupposes precisely the ethic that I claim is the purpose of an ethic in the first place?

    So we recognize that argumentation itself logically presupposes a set of rules of interaction that are peaceful, and it presupposes the use of logic and universalizability of propositions. Yet on top of this, argumentation is a practical affair, meaning it also presupposes survival. All propositions that come out of argumentation must logically be consistent with these presuppositions or they are a dialectical contradiction and therefore invalid.

    So then what status does all this render the fight for say, coercive egalitarianism? It cannot be justified on several fronts. It violates private property, which is demonstrated to be a presupposition of peaceful survival, a presupposition of argumentation. It violates the following: self-ownership: it claims to be able to partially enslave some to the advantage of others. Homesteading: it claims latecomers to have an arbitrary claim on the first user’s property. Contract: it destroys the nature of contract which stipulates that both parties to an agreement must be voluntarily participating. Finally, it violates the other peaceful mode of survival we know: that only those who add their own labor to their own property own the property that results. In short, egalitarianism violates the fundamental presuppositions of argumentation. It cannot be justified.

    M: You state that ethics exists to avoid conflicts. But why? Many people seek conflict, for political and personal goals. Perhaps they don’t like the costs associated with conflict, but they like the results, when they win. Often, they think–and they’re right–that conflict is necessary to their pursuit of certain values. One can show that those values are warped–are non-values–but not by positing that the purpose of ethics is to spare people conflict. This idea doesn’t explain where ethics comes from, and why it applies to everyone, even if they don’t understand that ethics is objectively real.

    Yes. You are describing the psychology of the politician, the thief, murderer, socialist, rapist and the mob under the influence of democratic mentality. Their disregard for peaceful cooperation and justice is not really relevant to the question. The question is what rules can be justified. As I described above, the rules that can be justified are only the rules that are consistent with the rules logically and necessarily assumed during argumentation – the only act that gives us a chance to attempt to justify our rules of social conduct.

    M: Your assertions about my speaking implying freedom to speak doesn’t follow logically. If I hold up a married couple at night in their home, and demand to see the contents of their safe, my speaking this ddemand certainly does not presuppose my value of freedom, or peace, or the avoidance of conflict.

    My assertions are not in regard to speaking in general, or threats, or even making verbal sounds that are incomprehensible to others. My assertions are in regard specifically to argumentation, which is both logically, and practically a cooperative matter of applying logic in the pursuit of truthful conclusions. If one intends to persuade by the force of logic, then he necessarily cannot be threatening.

    M: I like your observation that without objective–that means capable of being proven through reason–moral values, normative standards, people could never avoid conflicts. Ayn Rand wrote a great essay: “The Roots of War”, wherein she explains why people must uphold reason as man’s only proper means of acquiring knowlege, objective normative standards are not possible. Without reason, no ultimate epistemological standard eexists for people to determine what is knowlege and what is unfounded fantasy or belief.

    I think that the missing key that AE provides is that argumentation demonstrates the arguer’s logical acknowledgment of the value of the libertarian ethic. From there, reason dictates not only that such an ethic is exclusively justified, but that it is the ethic that all those who wish to justify their actions should follow.

  • Published: August 25, 2007 5:55 PM

  • Anthony
  • Great answer Paul.
  • Published: August 25, 2007 6:24 PM

  • Paul Edwards
  • That is very kind of you to say, thank-you Anthony.
  • Published: August 26, 2007 2:08 AM

  • Björn Lundahl
  • It is not always a good thing to be superficial”I don’t think Rothbard, or Hoppe or Kinsella will be able to persuade Mr. Mugabe and those like him. Since those least prone to respecting the property of others are the biggest problems, I think it would be sensible for libertarians to devote more time to considering how to deal with them rather than ethical philosophers.”Why “deal with them” if they could not ethically be proven to be doing anything wrong? Without any ethical norms we could not really tell why we should “deal with them” in the first place.

    Secondly, the world is ruled by ideas. If we understand this we have laid a foundation for change. If we do not understand it people like Mr. Mugabe will be powerful. To argue that this is not so is contradictious as this is an idea itself.

    How could “libertarians devote more time considering how to deal with them” if ideas are powerless”? How to consider something and make a conclusion if it is not allowed to be an idea?

    Does anyone really doubt the influence that Karl Marx’s ideas once had (and still have)? Or religious believes? Does it not exist people who believe in the principle of democracy? Is the concept of democracy powerless or powerful in today’s world?

    Wouldn’t the world be different if most of the adults believed in a libertarian ethic from a world in which most of the adults believed in Nazism?

    Did Marxists try to convince John D. Rockefeller of the rightfulness of Marxism or did they try to get support elsewhere? Why should libertarians be any different in this regard and try to convince criminals like Mr. Mugabe of the rightfulness of justice?

    Apart from this I would also like to mention that I believe that very foundation for cooperation among people is that they gain by cooperating and not because of “tribal sentiments”. I think Mises was correct in believing this.

    From the book Human Action, by Ludwig von Mises:

    “Within the frame of social cooperation there can emerge between members of society feelings of sympathy and friendship and a sense of belonging together. These feelings are the source of man’s most delightful and most sublime experiences. They are the most precious adornment of life; they lift the animal species man to the heights of a really human existence. However, they are not, as some have asserted, the agents that have brought about social relationships. They are fruits of social cooperation, they thrive only within its frame; they did not precede the establishment of social relations and are not the seed from which they spring.

    The fundamental facts that brought about cooperation, society, and civilization and transformed the animal man into a human being are the facts that work performed under the division of labor is more productive than isolated work and that man’s reason is capable of recognizing this truth. But for these facts men would have forever remained deadly foes of one another, irreconcilable rivals in their endeavors to secure a portion of the scarce supply of means of sustenance provided by nature. Each man would have been forced to view all other men as his enemies; his craving for the satisfaction of his own appetites would have brought him into an implacable conflict with all his neighbors. No sympathy could possibly develop under such a state of affairs.”

    http://www.mises.org/humanaction/chap8sec1.asp#p143

    From history we cannot either derive objective property rights, only logics can. “Communal systems” and “collective ownership” can be justified as much as individual ownership as long as they remain voluntarily arrangements and are derived from a libertarian ethic.

     

  • Published: August 26, 2007 6:19 AM

  • Anthony
  • I still find it amazing that the common charge against libertarians is that we’re extremely atomistic. It indicates a general ignorance of Mises’s writings and of Austrolibertarianism. Perhaps mainstream libertarians are to blame for the image.
  • Published: August 26, 2007 8:19 AM

  • Björn Lundahl
  • I missed this:Stephan Kinsella “Tom, if I read you right, I find the views you are expressing here utterly confused and incorrect. You are making several errors. Eg., you are blaming the victim; equating might with right; etc. TGGP’s point is NOT “well-said”–he is saying that libertarians “will not be able to persuade” certain criminals; and that since this is “the biggest problem,” “it would be sensible for libertarians to devote more time to considering how to deal with them rather than ethical philosophers.” This is so astoundingly stupid I almost do not know how to respond to it. First, it is indeed true that responding to a thug is a technical problem. Why this should be the job of libertarian ethicists is beyond me. Libertarian principles *are directed at ethical people not at criminals*. If you establish there are rights against non-aggression and subsidiary rights to defend or retaliate, then the civilized person who is threatened or victimized by criminals knows he is justified in banding toghether with other civilized people to treat the criminals as technical problems. The comments above betray no awareness of the division of labor.TokyoTom compounds TGGP’s positivistic, nihilistic error when he writes, “You guys want to talk about ethical systems, but what really counts is the ability to defend one’s property.” What ‘really counts”!? For who? For what purpose? You might as well argue that libertarianism is flawed since it does not tell you what kind of lock to put on your house! Ridicoulous.”

    Yes, Stephan you are absolutely right. Their “points” are utterly ridiculous and silly.

  • Published: August 26, 2007 11:36 AM

  • Björn Lundahl
  • Criticism and a replies regarding Hans-Hermann Hoppe´s ethical proof.The Economics and Ethics of Private Property, By Hans-Hermann Hoppe, pages 243 and 244:“Rasmussen is different. He has fewer difficulties recognizing the nature of my argument, but then asks me in turn “So what?” Why should an a priori proof of the libertarian property theory make any difference? Why not engage in aggression anyway? Why indeed?! But then, why should the proof that 1+1=2 make any difference? One certainly can still act on the belief that it was 1+1=3. The obvious answer is “because a propositional justification exists for doing one thing, but not for doing another.” But why should we be reasonable, is the next come-back. Again the answer is obvious: For one thing, because it would be impossible to argue against it; and further, because the proponent raising this question would already affirm the use of reason in his act of questioning it. This still might not suffice and everyone knows that it does not: for even if the libertarian ethic and argumentative reasoning must be regarded as ultimately justified, this still does not preclude that people will act on the basis of unjustified beliefs either because they don’t know, they don’t care, or they prefer not to know. I fail to see why this should be surprising or make the proof somehow defective. More than this cannot be done by propositional argument.

    Rasmussen seems to think that if I could get an “ought” derived from somewhere (something that Yeager claims I am trying to do, though I explicitly denied this), then things would be improved. But this is simply an illusory hope. For even if Rasmussen had proven the proposition that one “ought” to be reasonable and “ought” to act according to the libertarian property ethic this would be just another propositional argument. It could no more assure that people will do what they ought to do than my proof can guarantee that they will do what is justified. So where is the difference; and what is all the fuss about? There is and remains a difference between establishing a truth claim and installing a desire to act upon the truth – with “ought” or without it. It is great, for sure, if a proof can install this desire. But even if it does not, this can hardly be held against it. And it also does not subtract anything from its merit if in some or even many cases a few raw utilitarian assertions prove more successful in persuading of libertarianism than it can do. A proof is still a proof: and socio-psychology remains socio-psychology.”

    Rasmussen. “But why should we be reasonable, is the next come-back.”

    Björn: This “question” could also serve as an “answer” to any argument for anything and why should we not be reasonable?

    Hoppe wrote (see above) that “Rasmussen seems to think that if I could get an “ought” derived from somewhere.”

    Björn: If everyone or at least if most people believed that the proof is a valid proof, it would be almost impossible for governments to act against it and ignore it or should they “argue” “we know that our activity is criminal but we believe it is good for society anyway. We are criminals but so what?”

    In other words, in practise an “is” can, in such a case, therefore be derived to also be an “ought.”

     

  • Published: August 26, 2007 11:52 AM

  • Mark Humphrey
  • Paul Edwards: Here is where we begin to disagree:”So as long as you agree that an ethic is about a set of normative rules of social interaction, and this is what we agree we will discuss, it immediately becomes apparent that we must and implicitly will adopt and agree to some fundamental normative rules if only to discuss what normative rules we wish to agree to.”As I have tried to make clear, this staement is false because of logical incoherency. How do I know this? Show me a rule that you contend both parties to a discussion implicitly agree to, and I’ll be happy to show you that both parties need not agree to this “implicit rule”.

    “Do you not agree that it is and must be a cooperative undertaking involving the peaceful interaction of at least two people who are and logically must be pursuing truth and valid conclusions based on reason and logic and necessarily not by threat of force?”

    This is clearly false. Two religious zealots argue about their beliefs about morality and God’s will; each tries to impress upon the other the importance of accepting on faith his fervently held convictions about right and wrong. Their discussion is about ethics, based on faith rather than on reason. Because they reject reason as somehow misleading or “limited” as concerns any inquiry into ultimate issues, they thereby renounce the ultimate and objective standard by which thinking people can acquire knowlege, including answers to highly abstract and difficult questions about what is morally right and wrong. Having renounced the ultimate and objective standard of reason, their disagreements about issues of faith–of God’s will and of proper religious moral doctrine–lead to disputes about how the other should act. These disputes can ultimately be resolved only through violence. Ayn Rand wrote about this idea in her famous essay entitled “The Roots of War”.

    Philosophical shortcuts do not work, because our knowlege is logically integrated. One cannot devise valid rules of “libertarian ethics” without prior careful thinking about the kind of being to which the rules are supposed to apply. In other words, good concepts in ethics must stand on good concepts in personal morality, which stand on good concepts in epistemology (the nature of knowlege), which stand on good concepts in metaphysics (the nature of reality). With no disrespect for Rothbard and Hoppe, they have tried to fashion “axioms” of “libertarian ethics”, built upon a foundation of intellectual neglect.

    Finally, just as there is no “libertarian math” or “libertarian biology”, but only good principles of math or biology; it is non-sensical to write of “libertarian economics” or “libertarian morality”. There is only good or bad economics, valid or false ideas about moral philosophy. Knowlege, including about ethics, doesn’t start with political philosophy, as Rothbard and Hoppe believe. Political philosophy flows logically from prior knowlege in philosophy.

    Religious faith cannot provide this knowlege.

  • Published: August 26, 2007 1:34 PM

  • Paul Edwards
  • Mark,M: Paul Edwards: Here is where we begin to disagree:M: “So as long as you agree that an ethic is about a set of normative rules of social interaction, and this is what we agree we will discuss, it immediately becomes apparent that we must and implicitly will adopt and agree to some fundamental normative rules if only to discuss what normative rules we wish to agree to.”

    M: As I have tried to make clear, this staement is false because of logical incoherency. How do I know this? Show me a rule that you contend both parties to a discussion implicitly agree to, and I’ll be happy to show you that both parties need not agree to this “implicit rule”.

    M: “Do you not agree that it is and must be a cooperative undertaking involving the peaceful interaction of at least two people who are and logically must be pursuing truth and valid conclusions based on reason and logic and necessarily not by threat of force?”

    M: This is clearly false. Two religious zealots argue about their beliefs about morality and God’s will; each tries to impress upon the other the importance of accepting on faith his fervently held convictions about right and wrong. Their discussion is about ethics, based on faith rather than on reason.

    If their talk is devoid of reason, then it is not argumentation. It is merely brow-beating and appeal to authority. I will repeat my contention: the logical – logical – and necessary assumption of true argumentation is that we must appeal to reason and the nature of things to support our conclusions. It is irrelevant that people do not do this, or that they have a psychologically different intention in mind when they supposedly argue. A true and valid argument presupposes resort only to facts, logic, and reason. To say that people pretend to do this and yet do not does not alter the fundamental nature and definition of the argument. I am certain that you, for instance, would not acknowledge that you are intentionally invoking anything but reason in your argument to me. And this is as it should be, because you would not otherwise be participating in true argumentation.

    M: Because they reject reason as somehow misleading or “limited” as concerns any inquiry into ultimate issues, they thereby renounce the ultimate and objective standard by which thinking people can acquire knowlege, including answers to highly abstract and difficult questions about what is morally right and wrong. Having renounced the ultimate and objective standard of reason, their disagreements about issues of faith–of God’s will and of proper religious moral doctrine–lead to disputes about how the other should act. These disputes can ultimately be resolved only through violence. Ayn Rand wrote about this idea in her famous essay entitled “The Roots of War”.

    I do not claim that people will necessarily not resort to violence, nor that they necessarily will resort to reason and argumentation and an appeal to justice. All I am contending is that true argumentation which depends on peace and reason towards the pursuit of truth and justice, logically rules out of court the application of violence or the threat of violence to this end. I also contend that it is only through the act of reasoned argumentation that anything at all, including an ethic, can be justified.

    M: Philosophical shortcuts do not work, because our knowlege is logically integrated. One cannot devise valid rules of “libertarian ethics” without prior careful thinking about the kind of being to which the rules are supposed to apply.

    By all means, do this careful thinking and then devise away. My claim is that when you are done, you will agree with HHH and his A-E thesis.

    M: In other words, good concepts in ethics must stand on good concepts in personal morality, which stand on good concepts in epistemology (the nature of knowlege), which stand on good concepts in metaphysics (the nature of reality). With no disrespect for Rothbard and Hoppe, they have tried to fashion “axioms” of “libertarian ethics”, built upon a foundation of intellectual neglect.

    Okie dokie. LOL.

    M: Finally, just as there is no “libertarian math” or “libertarian biology”, but only good principles of math or biology; it is non-sensical to write of “libertarian economics” or “libertarian morality”. There is only good or bad economics, valid or false ideas about moral philosophy. Knowlege, including about ethics, doesn’t start with political philosophy, as Rothbard and Hoppe believe. Political philosophy flows logically from prior knowlege in philosophy.

    Religious faith cannot provide this knowlege.

  • Published: August 26, 2007 2:09 PM

  • Mark Humphrey
  • Paul Edwards: Your comments are excellent, but I think you do not understand my criticism of the Rothbard-Hoppe take on ethics.I’ll take time tomorrow to respond to your interesting comments.
  • Published: August 26, 2007 9:09 PM

  • Mark Humphrey
  • To Paul Edwards:If two people enter into an argument about how they should conduct themselves with respect to another, and if both look to facts, evidence, and logic as the standard by which they decide this issue, then certain implications can be deduced from their action. These include:
    1) The debaters are alive
    2) The debaters can “think”
    3) The debaters think reason is the proper means of figuring stuff out.Do these implications lead anywhere? I don’t think so. Why not? Because what two particular people happen to think, or how they choose to argue, doesn’t inform us about the particulars of man’s nature. Implications flow, not from the “act” or “choice” of two people engaging in reasoned debate, but from the fact that man is a particular sort of being living in a world that is non-mysterious and intelligible. The particular choice one makes, to argue reasonably, or to play football or pool, or to build bridges or houses, or to steal and murder, doesn’t by itself imply the realm of moral values. Moral values are implied by the fact that man must choose appropriately, in ways congruent with the requirements of his nature, to be able to live a proper life. Moral values are not implied by a particular choice; they’re implied by the fact that man can only live by thinking and choosing.

    But let’s set that issue aside for a moment, and consider the implications of the fact that a person, ANY person, has the natural ability to think properly, i.e. to form concepts based on evidence, facts, and logical integration. Let’s assume that one infers that man has this unique ability from observing himself, and another, in reasoned debate. Several implications follow, including all of moral philosophy. These include: 1) Man is a thinking being, who must choose to risk the effort to think. Thinking and the choice it implies are individual activities.
    2) Therefore one man cannot command the thought processes of another man.
    3) No one can figure anything out, or make choices necessary to living, without reasoning.
    4) Therefore, the kind of thinking one engages in, whether or not one thinks logically and coherently, whether or not one respects facts as such, or chooses to selectively ignore facts, is crucially important to being able to figure stuff out and succeed at the challenge of living.
    5) Therefore, one should think properly, i.e. one should be rational.

    Here we’ve arrived at the cardinal virtue in service to the ultimate standard of value: one’s life. The fact that one ought to be rational, in clear mental contact with reality, implies ethical individualism.

    However, if one were less careful in his observations about the kind of creature that man happens to be, less insightful in his observations about the sort of universe that man inhabits, he might conclude that man can acquire knowlege through various forms of faith–religious or secular–or various forms of mysticism and superstition. Or he might beleive that knowlege was impossible to man. Such false ideas about man and the world imply collectivist, rather than individualist, ethical implications. If learning ultimately depends on revelation from God, or from a political leader, or from the collective unconscious (interpreted and revealed by a political or religious leader), then each individual is unimportant, because his individual thinking is unimportant to his survival. In this case, ethical behavior flows from proper subordination and obediance to the authority through whom revelation is achieved.

    If Rothbard and Hoppe thought that ethical individualism is implied by an act of reasoned debate, then they could reach this conclusion only by explicitly identifying reason as an epistemological absolute, i.e. as man’s only proper means of learning. Thus, rationality would be an objective moral value to R&H.; That is, their route to ethical norms would necessarily presuppose PERSONAL MORAL VALUES, such as rationality. That is, without first figuring out a code of personal moral values that necessarily apply to everyone, H&R; could not proceed to a system of “libertarian ethics”.

    The fact that Mr. Edwards, in his defense of R&H;, found it necessary to identify reason as the prerequisite to reaching valid implications about ethics, supports my point.

    However, Rothbard (and I assume Hoppe) explicitly deny the relevance or fundamental importance of personal morality to their system of “libertarian ethics”. In fact, I have the impression from reading an earlier post about an exchange between Hoppe and Rasmussen, that Hoppe really thinks he can reach normative conclusions about property, without asserting that one “should” choose to respect private property. I think that is incoherent. (But this may well be unfair to Hoppe, whose book on property I have not read.)

  • Published: August 27, 2007 5:02 PM

  • Paul Edwards
  • Mark,”To Paul Edwards:”If two people enter into an argument about how they should conduct themselves with respect to another, and if both look to facts, evidence, and logic as the standard by which they decide this issue, then certain implications can be deduced from their action. These include:

    1) The debaters are alive
    2) The debaters can “think”
    3) The debaters think reason is the proper means of figuring stuff out.

    “Do these implications lead anywhere? I don’t think so….”

    Sure they do, Mark. Logically, those things imply the following:

    1. The debaters presume they each and the other exists, has a right to exist and to control themselves, which acknowledges not only self-ownership during the argumentation, but a prior right to appropriate for themselves the means to survive to participate in the argumentation.

    2. The debaters presume that each will depend on reason, and peaceful cooperation, and not violence, to come to a truthful reasoned conclusion. They logically presume peace to pursue truth.

    In as far as they intend to actually carry out what can be logically described as argumentation, they will implicitly, and before they even begin discourse, agree to these norms. These norms, when all fleshed out and fully elaborated, are known as the libertarian ethic.

    Because they are logically presupposed during argumentation, all normative proposals that contradict any of these presuppositions represent a performative contradiction and are ruled out of court by force of logic during the discussion. Therefore, no propositions that are contrary to libertarian principles can be justified during argumentation. And since argumentation is the only method humans have of producing a justification of anything, if it can’t be justified during argumentation, it simply cannot be justified ever, and remains forever unjustifiable, or unjustified, period.

    All of what I have just said is true independent of “what two particular people happen to think or how they choose to argue”. Either they subscribe to reason or they don’t. If they don’t, they exist outside of anything we can reasonably claim to be a system of justice and if they are aggressive in libertarian lights, then they are merely technical problem to be dealt with violently, just as any irrational animal such as a wolf or a cougar would be.

    The a priori of argumentation is a fundamental reflection of the rational nature of man. As HHH has pointed out, because it is an action, it is a sub-category of human action and in that sense it is lesser than it. On the other hand it is in another sense it is superior and preeminent over action in that it is the one action necessary to allow us to discuss and understand the idea of action in the first place.

    Therefore, understanding the logical nature of argumentation, and its presuppositions can be instrumental in understanding the fundamental nature of acting man. It is indisputably instrumental in determining a valid ethic for social interaction.

  • Published: August 27, 2007 7:27 PM

  • TGGP
  • TCCP: If we lack free will, there is no point in discussing anything. For the idea of proof, of evidence, or logic, of KNOWLEGE, all presuppose the ability of the thinker to distinguish between truth and falsehood.
    Computers can distinguish between true and false. In a sense, that is all they can do. Just 0 and 1. The enzymes that replicate DNA can distinguish between A and T, C and G. None have free will.Collectivists always assert knowlege about ethics and politics by some form of revalation, divine or secular.
    They wouldn’t consider it “revelation” any more than anyone here’s acceptance of libertarianism. Argumentation ethics were invented by Habermas, who is notoriously left-wing.Yes. You are describing the psychology of the politician, the thief, murderer, socialist, rapist and the mob under the influence of democratic mentality. Their disregard for peaceful cooperation and justice is not really relevant to the question.
    They are extremely relevant to my well-being, since they are the ones who threaten to harm it.

    Why “deal with them” if they could not ethically be proven to be doing anything wrong? Without any ethical norms we could not really tell why we should “deal with them” in the first place.
    For the same reason I do anything: I am subjectively dissatisfied with the status quo.

    Secondly, the world is ruled by ideas. If we understand this we have laid a foundation for change. If we do not understand it people like Mr. Mugabe will be powerful. To argue that this is not so is contradictious as this is an idea itself.
    Most of Mugabe’s supporters are likely illiterate. He did not get where he is because he wrote philosophy, and it is not philosophy that will unseat him. People have tried protesting his actions, but his thugs drive them off. What use are all your ideas when he has the power?

    Does anyone really doubt the influence that Karl Marx’s ideas once had (and still have)? Or religious believes? Does it not exist people who believe in the principle of democracy? Is the concept of democracy powerless or powerful in today’s world?
    Karl Marx thought communism was a historical inevitability, the logical end result of capitalism. He was wrong and his ideas went nowhere until the Leninist Bolsheviks deviated from Marxist orthodoxy and created a revolutionary vanguard that would implement the dictatorship of the proletariat where they could, even if that place lacked capitalism. Murray Rothbard considered himself a disciple of Lenin’s strategy, but his vanguard was not a vanguard like Lenin’s vanguard (to paraphrase a commie saying). The Bolsheviks did not wait for their ideas to gain majority support (the Mensheviks outnumbered them among Russian marxists, and not all revolutionaries were marxists). They took the initiative and seized power when the opportunity presented itself. Libertarians have no idea how to do that.

    Wouldn’t the world be different if most of the adults believed in a libertarian ethic from a world in which most of the adults believed in Nazism?
    I have been reading Bertrand de Jouvenel’s “On Power”, and it seems to me that beliefs and philosophy offer no defense against the state. All will be seized by it for its own use, even those formulated to oppose it. The people who believed in a libertarian ethic might decide they must spread it around the world, and powerless Nazis might decide just to create nasty propaganda rather than actually doing anything. I don’t know. The Chinese and Vietnamese are still officially communist, Singapore is run by the “People’s Action Party” and English people I come across are glad they gave up on Cromwell’s commonwealth to go back to monarchy, but none of those things seem relevant.

    Did Marxists try to convince John D. Rockefeller of the rightfulness of Marxism or did they try to get support elsewhere? Why should libertarians be any different in this regard and try to convince criminals like Mr. Mugabe of the rightfulness of justice?
    I don’t think Mugabe will be convinced, that’s my point. What is needed is the capability to evade or deter his depradations.

    Apart from this I would also like to mention that I believe that very foundation for cooperation among people is that they gain by cooperating and not because of “tribal sentiments”. I think Mises was correct in believing this.
    Primitive peoples give up things to other tribe members, so the others benefit at their expense. The state was not formed through a social contract, it was created by acts of domination. Tribal sentiment still runs high. Daniel Klein talked about this in “The People’s Romance“, which I think even Rothbard was a victim of (see his writings on populism and the American war of independence).

    It is merely brow-beating and appeal to authority.
    Illogical, fallacious argument is still argument.

  • Published: August 27, 2007 10:54 PM

  • Björn Lundahl
  • The power of ideas.” . . . the ideas of economists and political philosophers, both when they are right and when they are wrong, are more powerful than is commonly understood. Indeed the world is ruled by little else. Practical men, who believe themselves to be quite exempt from any intellectual influences, are usually the slaves of some defunct economist. Madmen in authority, who hear voices in the air, are distilling their frenzy from some academic scribbler of a few years back. I am sure that the power of vested interests is vastly exaggerated compared with the gradual encroachment of ideas. Not, indeed, immediately, but after a certain interval; for in the field of economic and political philosophy there are not many who are influenced by new theories after they are twenty-five or thirty years of age, so that the ideas which civil servants and politicians and even agitators apply to current events are not likely to be the newest. But, soon or late, it is ideas, not vested interests, which are dangerous for good or evil.”The last half of the last paragraph in John Maynard Keynes’s book General Theory of Employment Interest and Money.

    Human Action:

    “The nineteenth-century success of free trade ideas was effected by the theories of classical economics. The prestige of these ideas was so great that those whose selfish class interests they hurt could not hinder their endorsements by public opinion and their realization by legislative measures. It is ideas that make history, and not history that makes ideas.”

    Ludwig von Mises

    http://www.mises.org/humanaction/chap3sec3.asp#p84

    A proposition made by Hans-Hermann Hoppe:

    “States, as powerful and invincible as they might seem, ultimately owe their existence to ideas and, since ideas can in principle change instantaneously, states can be brought down and crumble practically overnight.”

    http://www.freelythinking.com/quotes.htm

    A quote from the book “The Ethics of Liberty”, by Murray Rothbard:

    “Ideology has always been vital to the continued existence of the State, as attested by the systematic use of ideology since the ancient Oriental empires. The specific content of the ideology has, of course, changed over time, in accordance with changing conditions and cultures. In the Oriental despotisms, the Emperor was often held by the Church to be himself divine; in our more secular age, the argument runs more to “the public good” and the “general welfare.”But the purpose is always the same: to convince the public that what the State does is not, as one might think, crime on a gigantic scale, but something necessary and vital that must be supported and obeyed. The reason that ideology is so vital to the State is that it always rests, in essence, on the support of the majority of the public. This support obtains whether the State is a “democracy,” a dictatorship, or an absolute monarchy. For the support rests in the willingness of the majority (not, to repeat, of every individual) to go along with the system: to pay the taxes, to go without much complaint to fight the State’s wars, to obey the State’s rules and decrees. This support need not be active enthusiasm to be effective; it can just as well be passive resignation. But support there must be. For if the bulk of the public were really convinced of the illegitimacy of the State, if it were convinced that the State is nothing more nor less than a bandit gang writ large, then the State would soon collapse to take on no more status or breadth of existence than another Mafia gang. Hence the necessity of the State’s employment of ideologists; and hence the necessity of the State’s age-old alliance with the Court Intellectuals who weave the apologia for State rule”.

    http://www.mises.org/rothbard/ethics/twentytwo.asp

    “Human history is in essence a history of ideas.” (H.G. Wells)

    “In every great time there is some one idea at work which is more powerful than any other, and which shapes the events of the time and determines their ultimate issues.” – Francis Bacon

    Because of the power of ideas, the following can be concluded:

    If an amount of people that supports the state is great enough, the state will be powerful.

    If an amount of people that supports the democratic principle is great enough, the democratic principle will be powerful.

    If an amount of people that supports communism is great enough, communism will be powerful.

    If an amount of people that supports religion is great enough, religion will be powerful.

    If an amount of people that supports libertarian ethics is great enough, libertarian ethics will be powerful.

  • Published: August 28, 2007 1:05 AM

  • Björn Lundahl
  • The point is, of course, that if for an example a small amount of people would try to make a Marxist revolution in the US by brutally taking over the government, they would not be successful.Why is this so?Because people generally do not want a Marxist run state and they do want elected people to run the government.

    All the weaponry might supports and harmonizes with those ideas that are prevailing.

  • Published: August 28, 2007 1:29 AM

  • Björn Lundahl
  • The power of ideas is an axiomIdeas are only thoughts.There would not be any point in communicating with each other at all if ideas would not make the slightest difference.

    Man cannot exist without any thoughts-ideas.

  • Published: August 28, 2007 1:46 AM

  • Anthony
  • Good posts Bjorn. I cannot understand what is with this denigration of ethical theorizing. If some libertarians cannot appreciate the value of it and are so intent on strategizing, then they ought to publish some works with their own ideas on the matter and work to agitate the public, instead of complaining about work concerning ideology.
  • Published: August 28, 2007 6:31 AM

  • TGGP
  • You can stuff your Keynes. Philip Converse actually presented data in “The Nature of Belief Systems in Mass Publics”. He found that for most people, they do not have any ideology and do not know what it meant by terms like “liberal” or “conservative” and so on. The State was created out of domination, not consent, and domination alone is all that is necessary for it. Monarchy did not reign because most people were monarchists nor did any ancient empire seize huge territories because the inhabitants of those areas wanted them to.The point is, of course, that if for an example a small amount of people would try to make a Marxist revolution in the US by brutally taking over the government, they would not be successful.Why is this so?
    Because the Iraq War is so different from World War 1, because we are not transitioning from an agrarian economy and because for all their stupidity the Bush regime is still craftier about seizing and holding power than the Romanovs were.

    Man cannot exist without any thoughts-ideas.
    Sure they can. Jellyfish can exist without them. If I caused enough brain damage to some men to make them like jellyfish, they would still exist.

    If some libertarians cannot appreciate the value of it and are so intent on strategizing, then they ought to publish some works with their own ideas on the matter and work to agitate the public, instead of complaining about work concerning ideology.
    I already explained above, you must not have been paying attention. I am not a “professional libertarian”, I just comment in my spare time. I am not engaged in either ethical philosophy or strategy, but if I was going to be an activist I would put my efforts into the latter since it could actually obtain liberty. I criticize those libertarians who believe themselves to be altruistically working for liberty when they contribute nothing to strategy and instead expend their efforts in areas that do not actually bring anybody any liberty.

  • Published: August 28, 2007 11:55 AM

  • Anthony
  • And as I stated, I find these critiques misdirected. If you want to criticize someone, aim at actual libertarian strategists. You may not appreciate the role libertarian ethicists (and other philosophers) play, but they are crucial in the battlefield of intellectual ideas.Bjorn is entirely correct in his contention that ideas strongly aid the State’s perceived legitimacy – it too is a form of domination (hence Hitler’s strong focus on propaganda as a tool of rulership.) And I fail to see how man qua man can exist without thoughts without being reduced to some sort of vegetable.
  • Published: August 28, 2007 12:29 PM

  • Björn Lundahl
  • Thanks Anthony!Now we are jellyfishes. Mans typical characteristics (or mans nature) are the same as jellyfishes. Who could tell the difference? Very good argument! Maybe I should advice my employer to employ some of them. They must be very cheap to hire. Our customers will surely appreciate their services.
  • Published: August 28, 2007 2:36 PM

  • Björn Lundahl
  • The nature of man (The Ethics of liberty):”The individual man’s capacity for conscious choice, the necessity for him to use his mind and energy to adopt goals and values, to find out about the world, to pursue his ends in order to survive and prosper, his capacity and need to communicate and interact with other human beings and to participate in the division of labor. In short, man is a rational and social animal. No other animals or beings possess this ability to reason, to make conscious choices, to transform their environment in order to prosper, or to collaborate consciously in society and the division of labor.”http://www.mises.org/resources/cbf8fe63-40ec-48a6-8290-0de466d86096

    For a New Liberty:

    “The species man, therefore, has a specifiable nature, as does the world around him and the ways of interaction between them. To put it with undue brevity, the activity of each inorganic and organic entity is determined by its own nature and by the nature of the other entities with which it comes in contact. Specifically, while the behavior of plants and at least the lower animals is determined by their biological nature or perhaps by their “instincts,” the nature of man is such that each individual person must, in order to act, choose his own ends and employ his own means in order to attain them. Possessing no automatic instincts, each man must learn about himself and the world, use his mind to select values, learn about cause and effect, and act purposively to maintain himself and advance his life. Since men can think, feel, evaluate, and act only as individuals, it becomes vitally necessary for each man’s survival and prosperity that he be free to learn, choose, develop his faculties, and act upon his knowl¬edge and values.”

    http://www.mises.org/resources/12ea1d7b-28fd-4706-943d-c6100639a5eb

    Human Action:

    “Human action is purposeful behavior. Or we may say: Action is will put into operation and transformed into an agency, is aiming at ends and goals, is the ego’s meaningful response to stimuli and to the conditions of its environment, is a person’s conscious adjustment to the state of the universe that determines his life. Such paraphrases may clarify the definition given and prevent possible misinterpretations. But the definition itself is adequate and does not need complement of commentary.”

    http://www.mises.org/resources/4979fc72-aa02-407e-9604-7904fbc9b872

    From answers.com:

    “Humans, or human beings, are bipedal primates belonging to the mammalian species Homo sapiens (Latin: “wise man” or “knowing man”) in the family Hominidae (the great apes).[1][2] Humans have a highly developed brain capable of abstract reasoning, language, and introspection. This mental capability, combined with an erect body carriage that frees their upper limbs for manipulating objects, has allowed humans to make far greater use of tools than any other species. Humans originated in Africa about 200,000 years ago, but now they inhabit every continent, with a total population of over 6.5 billion as of 2007.

    Like most primates, humans are social by nature; however, humans are particularly adept at utilizing systems of communication for self-expression, the exchange of ideas, and organization. Humans create complex social structures composed of cooperating and competing groups, ranging in scale from small families and partnerships to species-wide political, scientific and economic unions. Social interactions between humans have also established an extremely wide variety of traditions, rituals, ethics, values, social norms, and laws which form the basis of human society. Humans also have a marked appreciation for beauty and aesthetics which, combined with the human desire for self-expression, has led to cultural innovations such as art, literature and music.

    Humans are also noted for their desire to understand and influence the world around them, seeking to explain and manipulate natural phenomena through science, philosophy, mythology and religion. This natural curiosity has led to the development of advanced tools and skills; humans are the only known species to build fires, cook their food, clothe themselves, and use numerous other technologies.”

    http://www.answers.com/topic/human?cat=health

    Well, then, if those characteristics of man cease to exist, man ceases also to exist. Some other organism might be left but not the human species.

    Or in other words:

    Murray Rothbard, “Fundamentals of human action” (praxeology):

    “All human beings act by virtue of their existence and their nature as human beings. We could not conceive of human beings who do not act purposefully, who have no ends in view that they desire and attempt to attain. Things that did not act, that did not behave purposefully, would no longer be classified as human.”

     

     

  • Published: August 28, 2007 3:45 PM

  • Paul Edwards
  • TGGP : “Illogical, fallacious argument is still argument.”To the extent that this is true, it is true only from an irrelevant psychological standpoint. From a logical standpoint argumentation presupposes only valid logic and the pursuit of truth. Only with logic can a true justification be given and so therefore, it is only from a logical standpoint that A-E addresses and reveals the ethic that argumentation implies.
  • Published: August 28, 2007 4:56 PM

  • Paul Edwards
  • TGGP : Quoting me, you write “Yes. You are describing the psychology of the politician, the thief, murderer, socialist, rapist and the mob under the influence of democratic mentality. Their disregard for peaceful cooperation and justice is not really relevant to the question.”To this you answer, “They are extremely relevant to my well-being, since they are the ones who threaten to harm it”, which ignores the point I try to make, and yet makes no point of its own which anyone here could disagree with.The questions I would ask you is Do you subscribe to a just social order? Do you not think that what you do and what others do should be justifiable? Logically, the fact that you do attempt to justify your views on this forum implies you do. Each time you post you act as if you believe in justifications. It is the content of your posts that sometimes introduce confusion because they are contradictory to the implications of your acts of posting. You cannot justify a position that justification is not worthy or valid – it is a contradiction.

    The point I make is that the libertarian ethic is justifiable and that contradictory ethics cannot be justified. We agree that criminals of all stripes, private and public pose a threat to our property and our well being. I further contend that it is worthwhile to know what acts are criminal and on what basis, so that we can more confidently and appropriately respond to them.

  • Published: August 28, 2007 5:31 PM

  • TGGP
  • If you want to criticize someone, aim at actual libertarian strategists.
    I have spent time at Mencius Moldbug’s site criticizing him. However my main problem with libertarian strategists is not so much that their plans are bad (though they may be) but that there are so few of them and so many ethicists!You may not appreciate the role libertarian ethicists (and other philosophers) play, but they are crucial in the battlefield of intellectual ideas.
    I do not believe this is the case. Do you have any evidence to present against that of Philip Converse?And I fail to see how man qua man can exist without thoughts without being reduced to some sort of vegetable.
    Perhaps in comparison to philosophers the majority of humanity is semi-vegetative. So now what do we do?

    Now we are jellyfishes. Mans typical characteristics (or mans nature) are the same as jellyfishes. Who could tell the difference?
    I would consider a man with brain damage to still be a man, because I would use genetics to determine species rather than philosophy. Intelligence is normally distributed (i.e a Gaussian or bell-curve). Many people are not really capable of following the arguments of Marx or Rand (who weren’t even professional philosophers able to obtain academic posts). Even among people that are intelligent, many don’t put much thought into such issues for the good reason that they derive no benefit from it. Your response may be to say that they are not acting like man qua man which must be a reasonable, rational thinking person living a fully examined life. So what, I say. We must deal with reality as it is, and if men are actually sheep we must focus on sheep.

    All human beings act by virtue of their existence and their nature as human beings. We could not conceive of human beings who do not act purposefully, who have no ends in view that they desire and attempt to attain. Things that did not act, that did not behave purposefully, would no longer be classified as human.
    Many human actions are not thought out but rationalized post-facto. They are like kicking when the doctor hits your knee with the reflex-mallet. In addition, a free-market can function with mindless automatons. See this.

    To the extent that this is true, it is true only from an irrelevant psychological standpoint. From a logical standpoint argumentation presupposes only valid logic and the pursuit of truth. Only with logic can a true justification be given and so therefore, it is only from a logical standpoint that A-E addresses and reveals the ethic that argumentation implies.
    If two people actually disagree, at least one must be incorrect. Does that mean no more than one person is actually arguing?

    The questions I would ask you is Do you subscribe to a just social order? Do you not think that what you do and what others do should be justifiable? Logically, the fact that you do attempt to justify your views on this forum implies you do.
    I am an emotivist/Stirnerite egoist. I do not believe anything is objectively justifiable. I do not believe normative statements have any truth value.

    You cannot justify a position that justification is not worthy or valid – it is a contradiction.
    Worthy and valid are two different things. Validity is not justified, it is shown. I am not trying to say here that normative beliefs are good or bad, only that they are unfalsifiable and thus cannot be correct or incorrect.

    The point I make is that the libertarian ethic is justifiable and that contradictory ethics cannot be justified.
    I will agree with the latter point, but not the former because I do not believe anything is objectively justifiable. Even Hoppe and Kinsella rather than justifying anything only attempt to show that something else is unjustified.

    I further contend that it is worthwhile to know what acts are criminal and on what basis, so that we can more confidently and appropriately respond to them.
    I do not need to know that the man attacking me is unjustified, only that I do not want to be attacked. Knowing I am “justified” does not make me more confident. If being “righteous” in an ethical libertarian sense resulted in success, the thugs we see running countries would not be so successful.

  • Published: August 28, 2007 6:51 PM

  • Anthony
  • In my view there are not enough ethicists.At any rate, Converse, from what I can tell, was dealing with conscious endorsement of an ideology. But that is hardly the point – propaganda and bad ideas tend to be indoctrinated at a subconscious level. Until they are brought to question these notions, they acquiesce to them.
  • Published: August 28, 2007 7:07 PM

  • Anthony
  • A clarfiication: ‘they’ – referring to those who are indoctrinated.
  • Published: August 28, 2007 7:09 PM

  • Mark Humphrey
  • Paul Edwards: Perhaps you’re correct about the logical implications of two persons engaged in reasoned discussion. Having thought a little more about it, I’m not sure. I am sure that the particulars of man’s nature and the nature of the universe we live in (no contradictions, the law of identity) logically implies a clearly defineable moral code and esthetic and ethical norms. I’m not sure–but will have to think more–that it makes sense to infer this from the actions of any two other people. Doing so seems to me, maybe, to suggest the primacy of consciousness over the primacy of existence, since this approach concentrates on the specific content of two individual minds. In contrast, by deducing objective moral and ethical values from the observable nature of man, primacy is vested in facts over consciousness. But I’m not clear right now. I think I’ll read Hoppe’s book on property to get better understanding.TGGP: You have succumbed to a logical fallacy that all determinists embrace–a fallacy that has been identified as such going back, or so I’ve read, all the way to the ancients in Greece. The fallacy is assuming the ability to make conscious distinctions, logical or otherwise, for yourself, the determinist; while simultaneously denying that this ability to make conscious distinctions exists for anyone else.In other words, you posit that one’s feelings and thoughts are ultimately determined by some influence–however you choose to define it–outside the province of one’s will or mind. This proposition requires that all thoughts/feelings about everything is so determined. One can’t evade this determinism, even temporarily or partially, according to the logical implications of determinism, otherwise one’s thoughts/feelings would not really be determined.

    Therefore, the determinist’s thoughts/feelings about any and every subject are, by the meaning of his argument, determined. Therefore, the determinst’s thoughts/feelings about the issue of freewill versus determinism are beyond his control, determined by elements outside his mental capabilities. And so it follows that if determinism were true, the determinist, like everyone else, would lack the personal power to distinguish between falsehoods and truth, facts and fantasy, good and bad, etc. All those distinctions, according to the determinist, are merely illusions, inexorable consequences of the forces that supposedly rule human life.

    I don’t intend to be condescending when I emphasize to you: there’s no way around this fallacy.

    However, when you criticize others on this thread, as we all do, you assume that which you deny: that we all have the capacity to distinguish between truth and falsehood. For if we lacked this ability, and if you truly believed that we lack this ability, what basis would you have to criticize (or praise) anyone for anything?

    There is a great book by Nathaniel Branden that discusses this issue, entitled “The Art of Living Consciously”. The book discusses the intersection of the philosophy of epistemology and psychology.

  • Published: August 28, 2007 7:09 PM

  • Mark Humphrey
  • TGGP:And so it follows that if determinism were true, the determinist, like everyone else, would lack the personal power to distinguish between falsehoods and truth, facts and fantasy, good and bad, etc. All those distinctions, according to the determinist, are merely illusions, inexorable consequences of the forces that supposedly rule human life.In reference to the above, I forget to make this clear: Since the determinist can’t make non-illusory distinctions, he can’t establish that determinism is true and valid. For knowlege, including of determinism, presupposes the capacity to distinguish between the logical and illogical, truth or falsehood. In other words, for the determinist, human beings lack conscious intelligence. This criticism applies as well to your ideas about computers and DNA, because your ideas presuppose your ability to think and choose.
  • Published: August 28, 2007 7:18 PM

  • Björn Lundahl
  • A parrot is blathering.
  • Published: August 28, 2007 7:24 PM

  • TGGP
  • At any rate, Converse, from what I can tell, was dealing with conscious endorsement of an ideology. But that is hardly the point – propaganda and bad ideas tend to be indoctrinated at a subconscious level.
    Propaganda is something handed down from a propagandist. Many (like the illiterates of Zimbabwe) don’t know what it says. The beliefs of the general public are more gut-feelings. They are remarkably consistent and don’t fit squarely into virtually any ideology (ideologists tend to think more and have coherent, if wrong, beliefs). Economists have been complaining about the same errors (protectionism, anti-market bias) from the days of Smith and Bastiat and they just don’t seem to die. They are found all around the world where people believe in many different things. No propagandist accomplished this coup.I am sure that the particulars of man’s nature and the nature of the universe we live in (no contradictions, the law of identity) logically implies a clearly defineable moral code and esthetic and ethical norms.
    Why are you so sure?the primacy of consciousness over the primacy of existence
    I have no idea what that means. That’s how positivist I am!

    The fallacy is assuming the ability to make conscious distinctions, logical or otherwise, for yourself, the determinist; while simultaneously denying that this ability to make conscious distinctions exists for anyone else.
    Quote me where I do so. I fully admit all my actions are pre-determined and I have no free-will, and furthermore that my conception of a platonic self is merely the subjective product of my brain evolved to enhance the likelihood of the spread of my genes.

    In other words, you posit that one’s feelings and thoughts are ultimately determined by some influence–however you choose to define it–outside the province of one’s will or mind.
    “The state of the universe billions of years ago plus some quantum coin flips” is something like how Greene & Cohen put it.

    Therefore, the determinist’s thoughts/feelings about any and every subject are, by the meaning of his argument, determined. Therefore, the determinst’s thoughts/feelings about the issue of freewill versus determinism are beyond his control, determined by elements outside his mental capabilities.
    Mostly true, although I would say that my mental capabilities are pre-determined and that they are a major factor in my beliefs and actions.

    And so it follows that if determinism were true, the determinist, like everyone else, would lack the personal power to distinguish between falsehoods and truth, facts and fantasy, good and bad, etc.
    False, remember my mention of computers and DNA/RNA which I hope you will agree do not have free will.

    All those distinctions, according to the determinist, are merely illusions, inexorable consequences of the forces that supposedly rule human life.
    No, there really is information: “a difference that makes a difference“. If you really want to get into issues of fallibility and subjectivism you might note that we could be living in a simulation and I have no idea what the “real” world is like, but in that case I don’t care about the “real” world, but only what I experience and believed had been real.

    However, when you criticize others on this thread, as we all do, you assume that which you deny: that we all have the capacity to distinguish between truth and falsehood.
    I certainly don’t believe anyone here or elsewhere is infallible, but given that you have read and responded to my comments I know that you can detect and remember difference and make actions based on it.

    For if we lacked this ability, and if you truly believed that we lack this ability, what basis would you have to criticize (or praise) anyone for anything?
    On what basis do I criticize Gone With the Wind or praise King Crimson? Because I like or dislike them!

    There is a great book by Nathaniel Branden that discusses this issue, entitled “The Art of Living Consciously”. The book discusses the intersection of the philosophy of epistemology and psychology.
    Given my views of the Rands/Brandens and my Szaszian take on psychology, I think I’ll put that off for a while.

    In reference to the above, I forget to make this clear: Since the determinist can’t make non-illusory distinctions, he can’t establish that determinism is true and valid.
    To test determinism we could look for indeterminacy in the brain. It does in fact exist there, in the form of quantum behavior. Since this is not a special characteristic of the brain but is in fact involved everywhere matter/energy (same thing according to Einstein) exist, it would be rather meaningless to refer to it as “consciousness” or “free-will”.

    This criticism applies as well to your ideas about computers and DNA, because your ideas presuppose your ability to think and choose.
    So do they have free-will or are they unable to detect difference?

    A parrot is blathering.
    Way to contribute, Björn.

  • Published: August 28, 2007 11:40 PM

  • Björn Lundahl
  • Verdict: Hoppe and Rothbard are wrong.Subjectivist or jellyfish. There are men who cannot argue such as imbeciles so they are therefore dead wrong. They cannot be creative and property rights are of no use for them either. As those imbeciles exist, this is true.Helicopter Ben. But Hoppe and Rothbard are implicitly referring to mans nature when they argue for the principles of justice. The typical characteristics of what we define man can create and make use of property rights. If man did not have those characteristics we would not exist. So we must suppose that those characteristics are objective and true.

    Subjectivist or jellyfish. No, no, no, I am a subjectivist and a positivist too for that matter, so I do not believe in that. It is so easy and so good to be a subjectivist, positivist and a moral relativist. I can always say that you are wrong. For example how do you know that you exist? Prove it.

    Helicopter Ben. But you are arguing, you cannot argue if you do not exist. You must accept the fact that you exist.

    Subjectivist or jellyfish. I am not arguing. Prove that. And as I said I am a subjectivist so I do not believe in things like the existence. Don’t you read my comments? I have already told you so. How many times do I need to do that?

    Helicopter Ben. A parrot is blathering.

    Subjectivist or jellyfish. That was easy. Now I have proved that Hoppe and Rothbard are dead wrong.

  • Published: August 29, 2007 1:52 AM

  • Anthony
  • TGGP: “Propaganda is something handed down from a propagandist. Many (like the illiterates of Zimbabwe) don’t know what it says. The beliefs of the general public are more gut-feelings. They are remarkably consistent and don’t fit squarely into virtually any ideology (ideologists tend to think more and have coherent, if wrong, beliefs). Economists have been complaining about the same errors (protectionism, anti-market bias) from the days of Smith and Bastiat and they just don’t seem to die. They are found all around the world where people believe in many different things. No propagandist accomplished this coup.”Yes, but literacy has never been a requirement for more subtle, pervasive form of propaganda (radio broadcasts, TV etc.) I am not sure to what extent propaganda exists in such forms in Zimbabwe, and I am not sure to what extent Mugabe’s rule is seen as legitimate, but in the West such propaganda certainly does exist.
  • Published: August 29, 2007 6:56 AM

  • Anthony
  • Bjorn, exactly the same thoughts were passing through my mind yesterday. It seems a little too easy for these moral nihilists/subjectivists to brush aside ethical theory. I wonder what philosophers have to say about it – that will be my next topic of inquiry.TGGP, what does ignorance of the primacy of consciousness etc. have to do with being positivist? They’re Randian terms. 🙂 Socialism is an example of a primacy of consciousness ideology.
  • Published: August 29, 2007 7:03 AM

  • TGGP
  • If man did not have those characteristics we would not exist.
    Jellyfish and imbeciles do not have those characteristics, yet they exist.It is so easy and so good to be a subjectivist, positivist and a moral relativist.
    Just wait a darn tootin’ second, I don’t believe in any objective good so it cannot therefore be good to be those things!For example how do you know that you exist?
    I have not been arguing that anyone does not exist. I admit the possibility that I could be a simulation, but then when I say “exists” it should be taken to mean not what actually exists outside the simulation but what is being simulated in the world I experience, since that is all I am aware of and can talk about.

    I am not arguing.
    I was actually the one for a very open definition of “arguing”, as others stated that using fallacies or incorrect logic did not constitute arguing. I say as long as one expresses that they disagree and offers statements (however nonsensical) in support of that disagreement, they are arguing.

    And as I said I am a subjectivist so I do not believe in things like the existence.
    Mises was a subjectivist. That did not mean he thought he or anyone else did not exist. I just don’t think normative statements have any truth value. It is not “existence” (keeping in mind the caveat in the third paragraph of this post) that I am skeptical of, but consciousness. I think it is ill-defined.

    Regarding Hoppe and Rothbard, they do not have any scientific expertise on human beings so I don’t see any reason to take them as authorities. Perhaps they know a lot about economics, but as the Catallarchy link showed many truths of economics are still valid for mindless automatons. I have pointed to Converse for real evidence of what humans are actually like, and those who want to make claims about the nature of man are welcome to provide evidence rather than unsupported statements to the contrary.

    Yes, but literacy has never been a requirement for more subtle, pervasive form of propaganda (radio broadcasts, TV etc.)
    Neither of those existed in the days of Adam Smith and Bastiat, but the same dumb ideas were still extremely popular.

    in the West such propaganda certainly does exist.
    Do you mean like public service announcements or Partnership for a Drug-Free America types of things? Those don’t seem significant to me. There is Fox News, but it’s massively popular because it fills a niche that wasn’t being satisfied before. People watch it of their own accord because it tells them things they already believe. Many Fox News viewers thought Saddam was responsible for 9/11 and WMDs were discovered in Iraq, even though Fox News itself does not make such ridiculous claims. People who believe such things are simply more inclined to watch Fox News.

    Socialism is an example of a primacy of consciousness ideology.
    I don’t usually hear socialists talk much about consciousness. Marxists talk about “class consciousness”, but they seem to have given up on that angle a while back since the proletariat didn’t behave like they expected.

  • Published: August 29, 2007 9:27 AM

  • ktibuk
  • It is kind of funny that TGGP proves that AE is not really sufficient to justify libertarian ethics.Since AE requires reson and many people choose not to use it, Argumentaiton ethics dont prove anything. Opponent can even be in a exchange of words that can be branded as argument but it is not an argument if one side choses not to use reason.As Bjorn put it, just like “talking or arguing” with a parrot.

    And it is also funny that people who easliy deny reality like TGGP can do so only when they talk about it.

    When it comes to living they, maybe not knowingly, acknowledge reality and act upon it.

    I cant imagine TGGP thinking, “this might be a simulation” and not get away when a car is coming at him on the street.

    He would just get out of the way, otherwise he wouldnt be here typing words devoid of reason.

  • Published: August 29, 2007 9:53 AM

  • Anthony
  • “Neither of those existed in the days of Adam Smith and Bastiat, but the same dumb ideas were still extremely popular.”It existed, yet in more antiquated forms (e.g. the Church.)”Do you mean like public service announcements or Partnership for a Drug-Free America types of things? Those don’t seem significant to me. There is Fox News, but it’s massively popular because it fills a niche that wasn’t being satisfied before. People watch it of their own accord because it tells them things they already believe. Many Fox News viewers thought Saddam was responsible for 9/11 and WMDs were discovered in Iraq, even though Fox News itself does not make such ridiculous claims. People who believe such things are simply more inclined to watch Fox News.”

    I mean news reports, television programmes, radio broadcasts, tabloids, anything that can be put to such use. Perhaps some people see these sources as a confirmation of what they already “knew”. Perhaps they are also a means of making sure that that belief does not fade away.

    “I don’t usually hear socialists talk much about consciousness. Marxists talk about “class consciousness”, but they seem to have given up on that angle a while back since the proletariat didn’t behave like they expected.”

    You admitted you do not understand what the term means. How, then, can you proceed to say whether or not socialism is described by it? Primacy of consciousness is a viewpoint, which according to Rand, ignores reality entirely and seeks to mould it according to utopian desires (e.g. ignoring the calculational impossibility of socialism.)

    Ktibuk, it’d be handy if most socialists admitted that they are not appealing to reason. 😛

  • Published: August 29, 2007 12:15 PM

  • Mark Humphrey
  • The phrases “primacy of existence” and “primacy of consciousness” are indeed Objectivist expressions. They refer to concepts that are really useful in trying to make sense of abstract ideas from philosophy.The “primacy of existence” holds that existence logically preceeds consciousness. That is, to be aware, one must first exist. To be aware of something, something must first exist. In short, consciousness presupposes existence. Nothing strange or controversial here, at least to anyone who is sane.The “primacy of consciousness” holds that consciousness logically preceeds existence. This is truly insanity projected onto philosophy, because if consciousness logically preceeded existence, existence would be a product of one’s consciousness. Philosophical doctrines influential throuout the last 150 or 200 years actually imnplicitly embrace the primacy of consciousness.

    In introductory philosophy classes in lower institutions of learning–public high schools or community colleges, for example–a simple little problem is presented to uncurious students, as follows: “If a tree falls in the forest, and nobody happens to be there to witness this event, did the tree actually fall?”

    I’ll leave it to readers (if there are any) to ponder this profound and weighty issue.

  • Published: August 29, 2007 2:23 PM

  • TGGP
  • And it is also funny that people who easliy deny reality like TGGP can do so only when they talk about it. When it comes to living they, maybe not knowingly, acknowledge reality and act upon it. I cant imagine TGGP thinking, “this might be a simulation” and not get away when a car is coming at him on the street. He would just get out of the way, otherwise he wouldnt be here typing words devoid of reason.
    The simulation angle isn’t important to my argument and it seems to have caused enough confusion that I regret mentioning it. I was only acknowledging it to dismiss it. If it is actually the case that I am living in a simulation, then I do not care about the “real” world outside the simulation, only the old world I had been experiencing, so it is as if the simulation is real (it seems that way to me), so I will indeed move my simulated self out of the way of the simulated truck.tabloids
    The government wants us to believe in bat-boy? Seriously, imagine there are two kinds of media providers. Type 1 focuses on giving the customers what they want. Type 2 has some compromise between that and propagandizing. Who is going to succeed in the market? Type 1.You admitted you do not understand what the term means. How, then, can you proceed to say whether or not socialism is described by it?
    I don’t have to know what a term means in order to remember whether people use the word “consciousness”.

    which according to Rand
    I haven’t read Rand, so it is best to explain a term like that before using it in order for others to understand.

    “If a tree falls in the forest, and nobody happens to be there to witness this event, did the tree actually fall?” I’ll leave it to readers (if there are any) to ponder this profound and weighty issue.
    I like what Eliezer Yudkowsky had to say about that one.

  • Published: August 29, 2007 3:58 PM

  • Paul Edwards
  • TGGP:“If two people actually disagree, at least one must be incorrect. Does that mean no more than one person is actually arguing?”It means that neither has been convinced by the force of the other’s reasoning that the other has come to a correct or valid conclusion. However, throughout the process, each has logically and implicitly presupposed that the other is intending to apply correct and accurate reasoning to their arguments – to be put to the test by possibly better and more correct and accurate reasoning. The only question in each mind to be determined is whether the other has succeeded – and in the example you cite, the conclusion remains No.

    “I am an emotivist/Stirnerite egoist. I do not believe anything is objectively justifiable. I do not believe normative statements have any truth value.”

    Would you contend then, that your desire or willingness to violently defend yourself and your family from murderers, rapists and thieves has not an iota of a superior moral justification over the criminal actions of these murderers and thieves in the first place? I doubt you subscribe to such a morally vacuous philosophy, given how much time and effort you appear to put to justifying your views on this forum.

    “Worthy and valid are two different things. Validity is not justified, it is shown.”

    Semantics. How will you “show” that validity is shown rather than justified? Perhaps you will present a justification for such a proposal?

    “I am not trying to say here that normative beliefs are good or bad, only that they are unfalsifiable and thus cannot be correct or incorrect.”

    So therefore, is the belief that murder is bad on an equal logical footing to the belief that murder is good? Are such things, in your mind, really merely in the eye of the beholder? Is the torture and murder carried out on Hitler’s orders, in reality, on an equal moral foundation as peaceful cooperation?

    “I will agree with the latter point, but not the former because I do not believe anything is objectively justifiable. Even Hoppe and Kinsella rather than justifying anything only attempt to show that something else is unjustified.”

    They demonstrate what is unjustified by showing it to be a contradiction to that which can be justified. So, yes, they in fact do justify the libertarian ethic. They do this by demonstrating that it is the libertarian ethic that must logically be presupposed during the logical act of argumentation – the act that must be carried out in order to attempt to present any justification.

    “I do not need to know that the man attacking me is unjustified, only that I do not want to be attacked. Knowing I am “justified” does not make me more confident. If being “righteous” in an ethical libertarian sense resulted in success, the thugs we see running countries would not be so successful.”

    And yet conversely, your attacker may only need to know that he wants to attack you – in fact we know this to be the case. I would argue that your knowing that you are “justified” in defending yourself makes it possible for you to answer your peace loving critics when they ask you why they should not attack you in compensation for your violent act (your defense). When you put up a valid justification of self defense, they will see reason, given that they seek peace just as you do. As another consolation, you can look at your family in the eyes when you tell them your reason for acting violently was consistent with justice, and not injustice. It may matter.

  • Published: August 29, 2007 6:13 PM

  • TGGP
  • It means that neither has been convinced by the force of the other’s reasoning that the other has come to a correct or valid conclusion. However, throughout the process, each has logically and implicitly presupposed that the other is intending to apply correct and accurate reasoning to their arguments – to be put to the test by possibly better and more correct and accurate reasoning. The only question in each mind to be determined is whether the other has succeeded – and in the example you cite, the conclusion remains No.
    I don’t see where we disagree there. I was merely pointing out that arguing and arguing correctly are two distinct things.Would you contend then, that your desire or willingness to violently defend yourself and your family from murderers, rapists and thieves has not an iota of a superior moral justification over the criminal actions of these murderers and thieves in the first place?
    Not objectively.I doubt you subscribe to such a morally vacuous philosophy, given how much time and effort you appear to put to justifying your views on this forum.
    Well, it turns out you were wrong to assume so.

    Semantics.
    Indeed.

    How will you “show” that validity is shown rather than justified?
    Validity is correctness, or truth. The truth is what is rather than what ought. What is is demonstrated all the time and if one person’s judgement is not trusted a machine can analyze it objectively. Worthiness entails value judgements, which are subjective rather than objective.

    So therefore, is the belief that murder is bad on an equal logical footing to the belief that murder is good? Are such things, in your mind, really merely in the eye of the beholder? Is the torture and murder carried out on Hitler’s orders, in reality, on an equal moral foundation as peaceful cooperation?
    In an objective sense, yes. I happen to disapprove of such things, but my opinion does not count for much.

    They demonstrate what is unjustified by showing it to be a contradiction to that which can be justified. So, yes, they in fact do justify the libertarian ethic. They do this by demonstrating that it is the libertarian ethic that must logically be presupposed during the logical act of argumentation – the act that must be carried out in order to attempt to present any justification.
    Aside from my belief that nothing can be justified, there are still flaws with the argument. It presupposes that correct things are argued, when it might the case that the set of things that may be argued are all false (I am not saying this is the case, only that they do not consider this). Furthermore, it is not true that one must presuppose anything in order to argue. I can believe I am in the right to bash you over the head for disagreeing with me, but have merely elected not to do so at the present (or perhaps I am incapable of doing so, such as with arguments over a distance on the internet). The “master arguing with a slave” was the best example I can remember there.

    I would argue that your knowing that you are “justified” in defending yourself makes it possible for you to answer your peace loving critics
    If they are peace loving I am probably not that concerned with what they think since they are less likely to attack me.

    when they ask you why they should not attack you
    Peace loving attackers, how odd!

    When you put up a valid justification of self defense
    Or an invalid but convincing one, they might be easily fooled.

    they will see reason
    People have not seen reason for quite a long time. You do realize that libertarianism is a very unpopular ideology, right?

    given that they seek peace just as you do.
    If I sought peace I wouldn’t have attacked, and neither would they.

    As another consolation, you can look at your family in the eyes when you tell them your reason for acting violently was consistent with justice, and not injustice. It may matter.
    If my family believed in the god Quetzcoatl the rainbow serpent I could justify my actions by saying I had his blessing, even though I do not believe he exists and I don’t think you do either. They would probably be satisfied that mean Mr. Mugabe is off our backs without much explanation from me though.

  • Published: August 29, 2007 11:34 PM

  • Paul Edwards
  • T: Well, it turns out you were wrong to assume so.P: If you say so.T: Validity is correctness, or truth. The truth is what is rather than what ought.

    P: But presuming I value the truth, is it not true that I ought to agree with the above, if it is indeed the truth?

    T: What is is demonstrated all the time and if one person’s judgement is not trusted a machine can analyze it objectively. Worthiness entails value judgements, which are subjective rather than objective.

    P: Your comments were both an attempt at a justification of your position, and an attempt to show its validity, by the way.

    T: “In an objective sense, yes. I happen to disapprove of such things, but my opinion does not count for much.”

    P: What your opinion counts for in the grand scheme of things in this world, is not actually the issue; it is whether or not your professed view is logically consistent with how you present that view. Is this “objective sense” as you put it, to mean that you have an objective view, or only a subjective opinion not based in reason, which disapproves of Hitler? Are you conceding that there is nothing superior to your view that his actions were wrong, compared to his view that his actions were right? Would you two simply agree with each other that you have different values, neither superior to the other? I guess you have already answered in the affirmative to this. Not everyone has such courage of their convictions. My hat is off to you.

    T: It presupposes that correct things are argued,

    P: Yes it does. In order to satisfactorily justify anything, one logically must argue correctly, logically, factually, and truthfully. This is a logical necessity. A true justification does not succeed by force, fraud, deceit or plain brute ignorance. A true justification must necessarily be made via correct arguments.

    T: when it might the case that the set of things that may be argued are all false (I am not saying this is the case, only that they do not consider this).

    P: Pardon the repetition, but, if a true justification is to be given, argumentation must proceed with truth and reason. Again this is not something that requires psychological “buy-in” by the participants of argumentation. It is something that simply stands as a logical requirement of true argumentation. One cannot logically argue that one cannot argue – although he can certainly physically attempt to do so. And one cannot logically present a successful justification based on force and fraud. It must proceed with reason and truth. Both of these are fundamental necessary truths.

    T: Furthermore, it is not true that one must presuppose anything in order to argue. I can believe

    P: What you might believe is irrelevant. You might be insane, or perhaps a criminal who is not interested in truth or justice. You might be a compulsive liar, or simply intent on demonstrating your cleverness by misleading another. This is all quite beside the point. What is relevant is the logical presupposition of argumentation. And that is peaceful cooperative logical reasoned discourse directed towards arriving at truthful propositions.

    T: I am in the right to bash you over the head for disagreeing with me, but have merely elected not to do so at the present

    P: All this means is that you are uninterested or incapable of argumentation and justification. In this case, you are the ethical equivalent of the wolf or cougar, fit to be dispensed with according to the violent threat that you pose to civilized humans. The question of justification is only pertinent to those interested in it and willing and capable of respecting civilized laws of justice.

    T: (or perhaps I am incapable of doing so, such as with arguments over a distance on the internet). The “master arguing with a slave” was the best example I can remember there.

    P: So to recap, this argument that some people are uninterested in justice is merely a tangential irrelevant observation turned sideways and made to look relevant to the discussion. What is relevant is that among those who are interested in justification of their behavior must do their justifying through argumentation, and to do this, they must – logically – in advance, agree to norms of civilized behavior. They must logically agree to the libertarian ethic to even attempt to justify their propositions. And they cannot justify any ethic that is a contradiction to these norms.

  • Published: August 30, 2007 12:35 AM

  • Björn Lundahl
  • Very long time ago I was a moral relativist. I thought that it was very obvious that not any ethical principle is objectively or axiomatically true. This because people do obviously have different opinions. So how could I tell which opinion is truer and more correct than the other guys opinion? It seemed to be like telling that the colour red is objectively more beautiful and correct colour than blue! It didn’t sound very plausible. Generally nearly all people also seemed to support the idea of moral relativism. Rothbard was the man that started my rethinking. I also thought one day that it was a little peculiar that generally societies forbade physical violence and theft. If all principles are purely subjectively undertaken, why do societies generally forbid physical violence and theft (with exceptions of course) and this has also been going on for thousands of years? Rightly or wrongly societies are ultimately guided by some moral principles whether we like it or not. In our societies laws must be enacted to keep the peace. Obviously the principle of democracy and utilitarianism couldn’t logically be defended as true and just.Later I realized that the truthfulness of some ethical principles do not rest upon if all people support them or not. What supports them is whether they can be derived from an axiom and by this procedure be logically defended.Rothbard gave me the glints why the principle of none violence and theft are ethically true and just. Further investigation and analyzing supported this.

    My conclusion was that the principle of none violence and theft which regulates the relations between people are objectively true borders of justice but within those spheres that is the lives of the individuals, are only guided and subjectively undertaken and are also only a matter of individual tastes.

    The superficial belief in moral relativism is the very cause of the high crime rates we have in our societies.

  • Published: August 30, 2007 2:08 AM

  • Peter
  • Computers can distinguish between true and false.No they can’t.as others stated that using fallacies or incorrect logic did not constitute arguing

    If, when you involve yourself in “argument” using fallacies or incorrect logic, your opponent points out the problem, you can recognize that you were making an error and correct it, that’s a legitimate argument. If there was no disagreement, there’d be no need for argument in the first place; and if the argument is resolvable (not merely a matter of opinion), there must obviously have been some fallacy in at least one of the participants’ initial positions. If you persist in the use of fallacies/logical errors after having them pointed out, you’re not really arguing, except in the childish sense (“are too!”, “am not!”, “are too!”, “am not!”), are you?! That’s all anyone is saying.

  • Published: August 30, 2007 3:31 AM

  • TLWP Sam
  • Oh, I think I get it now. I think what TGGP and possibly TokyoTom (and heck I was thinking of asking it) is that talk of being nice isn’t good enough to make the world a better place. Or some seem to imply that some could get ahead by using force and fraud but it wouldn’t last long so it’s better not to use it. But that baloney because the whole of history and present proves otherwise, plenty of people have done quite nicely with force and fraud. Or that the world is far from Libertopia is another proof that people don’t play nicely.But then I realised that Mark, Anthony. Björn, etc were simply talking about living their own lives without personal contradiction and not talking about trying to the world. Much clearer now. 😛
  • Published: August 30, 2007 10:01 AM

  • TGGP
  • But presuming I value the truth, is it not true that I ought to agree with the above, if it is indeed the truth?
    Presuming you value rape and murder, is it not true that you ought to agree with those who support rapists and murderers? It begs the question of whether you ought to support your beliefs and whether you ought to believe in something like truth.Your comments were both an attempt at a justification of your position, and an attempt to show its validity, by the way.
    I have not said that anyone ought to take my position. I am simply explaining what it is I believe.Is this “objective sense” as you put it, to mean that you have an objective view, or only a subjective opinion not based in reason, which disapproves of Hitler?
    Yes, I only subjectively dislike Hitler and his actions. I also disagree with Hitler on certain positive issues (will war and massacre bring Germany back to prominence and save it from Bolshevism? history showed that was not the case). If given the opportunity I might attempt to argue with Hitler using such positive points of disagreement, but in his final days he expressed a willingness to destroy Germany as it had failed to achieve his aims, so perhaps that would not work.

    Are you conceding that there is nothing superior to your view that his actions were wrong, compared to his view that his actions were right?
    Yes, there is no way to resolve the issue.

    Would you two simply agree with each other that you have different values, neither superior to the other?
    I don’t know what Hitler would do, but I would recognize that we have very different values. Mencius Moldbug discussed those values here.

    Yes it does. In order to satisfactorily justify anything, one logically must argue correctly, logically, factually, and truthfully. This is a logical necessity. A true justification does not succeed by force, fraud, deceit or plain brute ignorance. A true justification must necessarily be made via correct arguments.
    The mathematician Kurt Godel proved that there are infinitely many truths that cannot be proved. A great book on this is “Godel, Escher, Bach: An Eternal Golden Braid” by Douglas Hofstadter.

    true argumentation
    I hope we’re not getting in No True Scotsman territory here.

    It must proceed with reason and truth.
    Incorrect arguments do not proceed from truth and reason, so are they not true arguments then?

    What you might believe is irrelevant.
    Presuppositions are beliefs, and since you said I must presuppose something, my beliefs are relevant.

    All this means is that you are uninterested or incapable of argumentation and justification.
    The fact that someone who desires to bash you over the head is purposefully arguing over the internet shows that they are in fact interested in argumentation!

    and to do this, they must – logically – in advance, agree to norms of civilized behavior. They must logically agree to the libertarian ethic to even attempt to justify their propositions.
    The master may elect not to do this before arguing with is slave.

    And they cannot justify any ethic that is a contradiction to these norms.
    If, hypothetically, the libertarian ethic is objectively false, perhaps one could justify something contrary to it.

    I also thought one day that it was a little peculiar that generally societies forbade physical violence and theft.
    No they don’t, they have instances where it is ok and instances where it is not. Except perhaps odd groups like the Amish or Jains.

    If all principles are purely subjectively undertaken, why do societies generally forbid physical violence and theft
    If taste is subjective, why do all societies believe bread tastes better than mud? If they encountered a species that believed mud is tastier than bread and could converse, could they prove bread is in fact more delicious?

    Rightly or wrongly societies are ultimately guided by some moral principles whether we like it or not.
    Societies are ultimately guided by people, and people are prone to self-serving post-facto rationalizations.

    In our societies laws must be enacted to keep the peace.
    And I thought this place was full of anarchists!

    Obviously the principle of democracy and utilitarianism couldn’t logically be defended as true and just.
    I believe in neither, but I don’t see where you showed it was obvious.

    Later I realized that the truthfulness of some ethical principles do not rest upon if all people support them or not.
    Hooray, you’ve discovered that argumentum ad populum is a fallacy.

    What supports them is whether they can be derived from an axiom and by this procedure be logically defended.
    How is any ethical axion shown to be true?

    The superficial belief in moral relativism is the very cause of the high crime rates we have in our societies.
    You haven’t even proved a correlation, let alone causation. Also, I think you need to read some Steven Pinker.

    No they can’t.
    0 is false, 1 is true conventionally. Even if they distinguished them incorrectly they would still be distinguishing them. Our brains are ultimately not that different from computers and operate according to the same laws of physics.

    If there was no disagreement, there’d be no need for argument in the first place
    But people will still argue, perhaps believing incorrectly that there is disagreement. I plug this from Eliezer Yudkowsky again.

    and if the argument is resolvable (not merely a matter of opinion)
    I believe all normative arguments are of the latter type.

    If you persist in the use of fallacies/logical errors after having them pointed out, you’re not really arguing, except in the childish sense (“are too!”, “am not!”, “are too!”, “am not!”), are you?!
    Arguing in the childish sense is still arguing, and a person who was incorrect at first might also incorrectly argue against those who claim they made incorrect claims.

    TLWP Sam, you are right on the first part. However, I don’t see why ethical philosophy is necessary to live your life without contradictions.

  • Published: August 30, 2007 11:14 AM

  • TGGP
  • But presuming I value the truth, is it not true that I ought to agree with the above, if it is indeed the truth?
    Presuming you value rape and murder, is it not true that you ought to agree with those who support rapists and murderers? It begs the question of whether you ought to support your beliefs and whether you ought to believe in something like truth.Your comments were both an attempt at a justification of your position, and an attempt to show its validity, by the way.
    I have not said that anyone ought to take my position. I am simply explaining what it is I believe.Is this “objective sense” as you put it, to mean that you have an objective view, or only a subjective opinion not based in reason, which disapproves of Hitler?
    Yes, I only subjectively dislike Hitler and his actions. I also disagree with Hitler on certain positive issues (will war and massacre bring Germany back to prominence and save it from Bolshevism? history showed that was not the case). If given the opportunity I might attempt to argue with Hitler using such positive points of disagreement, but in his final days he expressed a willingness to destroy Germany as it had failed to achieve his aims, so perhaps that would not work.

    Are you conceding that there is nothing superior to your view that his actions were wrong, compared to his view that his actions were right?
    Yes, there is no way to resolve the issue.

    Would you two simply agree with each other that you have different values, neither superior to the other?
    I don’t know what Hitler would do, but I would recognize that we have very different values. Mencius Moldbug discussed those values here.

    Yes it does. In order to satisfactorily justify anything, one logically must argue correctly, logically, factually, and truthfully. This is a logical necessity. A true justification does not succeed by force, fraud, deceit or plain brute ignorance. A true justification must necessarily be made via correct arguments.
    The mathematician Kurt Godel proved that there are infinitely many truths that cannot be proved. A great book on this is “Godel, Escher, Bach: An Eternal Golden Braid” by Douglas Hofstadter.

    true argumentation
    I hope we’re not getting in No True Scotsman territory here.

    It must proceed with reason and truth.
    Incorrect arguments do not proceed from truth and reason, so are they not true arguments then?

    What you might believe is irrelevant.
    Presuppositions are beliefs, and since you said I must presuppose something, my beliefs are relevant.

    All this means is that you are uninterested or incapable of argumentation and justification.
    The fact that someone who desires to bash you over the head is purposefully arguing over the internet shows that they are in fact interested in argumentation!

    and to do this, they must – logically – in advance, agree to norms of civilized behavior. They must logically agree to the libertarian ethic to even attempt to justify their propositions.
    The master may elect not to do this before arguing with is slave.

    And they cannot justify any ethic that is a contradiction to these norms.
    If, hypothetically, the libertarian ethic is objectively false, perhaps one could justify something contrary to it.

    I also thought one day that it was a little peculiar that generally societies forbade physical violence and theft.
    No they don’t, they have instances where it is ok and instances where it is not. Except perhaps odd groups like the Amish or Jains.

    If all principles are purely subjectively undertaken, why do societies generally forbid physical violence and theft
    If taste is subjective, why do all societies believe bread tastes better than mud? If they encountered a species that believed mud is tastier than bread and could converse, could they prove bread is in fact more delicious?

    Rightly or wrongly societies are ultimately guided by some moral principles whether we like it or not.
    Societies are ultimately guided by people, and people are prone to self-serving post-facto rationalizations.

    In our societies laws must be enacted to keep the peace.
    And I thought this place was full of anarchists!

    Obviously the principle of democracy and utilitarianism couldn’t logically be defended as true and just.
    I believe in neither, but I don’t see where you showed it was obvious.

    Later I realized that the truthfulness of some ethical principles do not rest upon if all people support them or not.
    Hooray, you’ve discovered that argumentum ad populum is a fallacy.

    What supports them is whether they can be derived from an axiom and by this procedure be logically defended.
    How is any ethical axion shown to be true?

    The superficial belief in moral relativism is the very cause of the high crime rates we have in our societies.
    You haven’t even proved a correlation, let alone causation. Also, I think you need to read some Steven Pinker.

    No they can’t.
    0 is false, 1 is true conventionally. Even if they distinguished them incorrectly they would still be distinguishing them. Our brains are ultimately not that different from computers and operate according to the same laws of physics.

    If there was no disagreement, there’d be no need for argument in the first place
    But people will still argue, perhaps believing incorrectly that there is disagreement. I plug this from Eliezer Yudkowsky again.

    and if the argument is resolvable (not merely a matter of opinion)
    I believe all normative arguments are of the latter type.

    If you persist in the use of fallacies/logical errors after having them pointed out, you’re not really arguing, except in the childish sense (“are too!”, “am not!”, “are too!”, “am not!”), are you?!
    Arguing in the childish sense is still arguing, and a person who was incorrect at first might also incorrectly argue against those who claim they made incorrect claims.

    TLWP Sam, you are right on the first part. However, I don’t see why ethical philosophy is necessary to live your life without contradictions.

  • Published: August 30, 2007 11:15 AM

  • Björn Lundahl
  • Anthony “Exactly the same thoughts were passing through my mind yesterday. It seems a little too easy for these moral nihilists/subjectivists to brush aside ethical theory. I wonder what philosophers have to say about it – that will be my next topic of inquiry.”Yes, nihilists/subjectivists should logically prove their relativistic points of views which they naturally cannot. So we really are logically, because of justice, forced to brush aside their “opinions.”Ktibuk “”this might be a simulation” and not get away when a car is coming at him on the street.”

    A while ago when I thought of the subjectivist point of view I also thought of exactly the same example. Subjectivists do not really act in accordance with their beliefs. As Mises said “We may say that action is the manifestation of a man’s will.”

    Peter “If you persist in the use of fallacies/logical errors after having them pointed out, you’re not really arguing, except in the childish sense (“are too!”, “am not!”, “are too!”, “am not!”), are you?! That’s all anyone is saying.”

    This is also a correct statement, very childish “arguments” indeed. Why bother to answer childish statements in return for another one? A waste of energy I would say. He does a terrible job in “defending” the nihilist/moral relativist/subjectivist points of view. Actually in reality he does a good job in defending the opposite point of view as it seems that no real argument exist for subjectivism regarding ethical principles.

  • Published: August 30, 2007 1:08 PM

  • Paul Edwards
  • TGGP:”I have not said that anyone ought to take my position. I am simply explaining what it is I believe.”I think this sums up what we you doing here. You do not think it is possible to, much less are you inclined to, demonstrate that there is any truth to your argument regarding ethics. In this field, you are content to describe your position, which to you is hardly a justification; as such a thing is necessarily beyond reach. Naturally, according to this view, any justification showing your ethical position is incorrect is impossible as well, as reason and logic are both outside the domain of such considerations.

    Therefore, what we have been doing here has been to play a game void of purpose aside from perhaps the entertainment value we derive from it.

    Fair enough. I cannot convince you of the rational foundation of justice because reason is not relevant to you on this question. And likewise, you do not attempt to, and indeed cannot even hope to convince me of the validity of your position, and for the very same reason.

    I think this discussion has been a battle of psychology, with one participant refusing to do what the other insists is necessary for a logical argumentation: to acknowledge and admit the necessary element of logic and reason to the discussion.

  • Published: August 30, 2007 1:12 PM

  • Anthony
  • TWLP Sam: “But then I realised that Mark, Anthony. Björn, etc were simply talking about living their own lives without personal contradiction and not talking about trying to the world. Much clearer now. :P”Umm, no. Sorry. We were referring to the formulation of libertarian ethics vs. libertarian strategy (i.e. proselytization.) My point was simply that in order to combat contrary ethics, a well-formulated libertarian ethic is needed. TGGP disagrees (TT doesn’t – he just seems to think our emphasis is misplaced.) Clearer now?
  • Published: August 30, 2007 1:17 PM

  • Anthony
  • TGGP: “Incorrect arguments do not proceed from truth and reason, so are they not true arguments then?”Incorrect arguments do not reach truth or reason – but they attempt to.”The fact that someone who desires to bash you over the head is purposefully arguing over the internet shows that they are in fact interested in argumentation!”

    For the last time, argumentation ethics is not about what people want; it is about what is presupposed in the action of argumentation. Argumentation is specifically defined for the purposes of AE. All ethical justifications take the form of argumentation, that is they seek to reach some truth. There exist childish arguments, but these are not what the term subsumes. If you don’t like the term argumentation, imagine some other word to take its place.

  • Published: August 30, 2007 1:26 PM

  • TGGP
  • Yes, nihilists/subjectivists should logically prove their relativistic points of views which they naturally cannot.
    It is my belief that normative statements are unfalsifiable and thus have no truth value. This meta-ethical statement is in principle falsifiable: in order to falsify it, falsify a normative statement.So we really are logically, because of justice, forced to brush aside their “opinions.”
    Logic does not seem to have applied many pounds of force on you as you continue to converse with me! Also, I like how you put scare-quotes around “opinion” (those aren’t scare-quotes, remember the use-mention distinction) as if somebody else was claiming I had an opinion but you are not willing to concur! You might like this blog: http://quotation-marks.blogspot.com/A while ago when I thought of the subjectivist point of view I also thought of exactly the same example. Subjectivists do not really act in accordance with their beliefs. As Mises said “We may say that action is the manifestation of a man’s will.”
    I already explained why I would get out of the way of the truck if I were in a simulation, and I have never stated that I actually believe I am in a simulation (Robin Hanson suggests there is a 5% probability and I am willing to defer to his expertise).

    This is also a correct statement, very childish “arguments” indeed.
    Now this is a proper use of quotation marks! The issue was whether what the child was doing constitutes argument and by your use of quotation marks you indicate it does not.

    Why bother to answer childish statements in return for another one? A waste of energy I would say. He does a terrible job in “defending” the nihilist/moral relativist/subjectivist points of view.
    So you have slipped from discussing the hypothetical child to me? Where have I said “am not/are too” or used any logical fallacies? You disagree with my premise, that normative statements do not have truth value, and now you say it is useless to argue with me. Wasn’t it your position that false beliefs need to be met with true arguments?

    Actually in reality he does a good job in defending the opposite point of view as it seems that no real argument exist for subjectivism regarding ethical principles.
    Above I point out how to argue against emotivism: falsify a normative statement. You will not be able to do that if you start by assuming another normative statement, because its truth has not yet been established. Either it is elephants all the way down or you will have to derive a normative from a positive somewhere.

    I think this sums up what we you doing here. You do not think it is possible to, much less are you inclined to, demonstrate that there is any truth to your argument regarding ethics.
    My meta-ethical belief that ethical beliefs have no truth value is itself a positive belief and does have truth value. If I stated you ought to believe the truth, that would be a normative statement. So even though I believe that belief of mine is true, it is not then objectively the case that you ought to believe it, and subjectively I would not be too concerned if you didn’t.

    In this field, you are content to describe your position, which to you is hardly a justification
    I don’t think there are any justifications, and it would be odd (though not impossible) to demonstrate the validity of statement X without understanding what statement X actually says.

    Naturally, according to this view, any justification showing your ethical position is incorrect is impossible as well, as reason and logic are both outside the domain of such considerations.
    It is a meta-ethical position, and can be correct or incorrect.

    Therefore, what we have been doing here has been to play a game void of purpose aside from perhaps the entertainment value we derive from it.
    I can’t speak for you guys, but I know I’ve been entertained.

    Fair enough. I cannot convince you of the rational foundation of justice because reason is not relevant to you on this question.
    Whatever happened to the primacy of existence over consciousness? Or was that someone else? At any rate, I am looking to observe something so that I can say “Ah, there is such a thing as justice!”. Imaginary things in your head will not cut the mustard.

    And likewise, you do not attempt to, and indeed cannot even hope to convince me of the validity of your position, and for the very same reason.
    Oh, I wouldn’t assign a probability of 0 to that, but since you display a reluctance to engage in conversation here I would certainly put the likelihood that you will accept my position at less than 0.5.

    I think this discussion has been a battle of psychology
    That sounds a bit overdramatic.

    with one participant refusing to do what the other insists is necessary for a logical argumentation: to acknowledge and admit the necessary element of logic and reason to the discussion.
    I don’t have any beef with logic and reason though I hold Bayesian rationality above all those (they can be considered special cases of Bayes), I just think it is a non-standard use of the term “argument” to refer only to logical argumentation. Otherwise arguments would consist of at most one arguer.

    We were referring to the formulation of libertarian ethics vs. libertarian strategy (i.e. proselytization.)
    None of the examples I gave (Bell, Moldbug, Patri Friedman) were of proselytizers. I don’t think certain thugs can’t be successfully proselytized into accepting libertarianism. Bell wants to set up a market for anonymously killing rights-violators which will deter people from violating our rights. Patri Friedman wants to dramatically decrease exit costs and allow us to get away from governments we want no part in. Mencius Moldbug (who perhaps advocates proselytizing to government, but not convincing them to give up their power!) wants to formalize the State into a joint-stock corporation that will avoid idiotic and destructive actions in favor of those which provide value to its customers (the tax-payers) because this in turn will maximize revenue for the shareholders (those who currently but informally hold power).

    My point was simply that in order to combat contrary ethics, a well-formulated libertarian ethic is needed.
    Leonard Reed said communism was a problem to argued away, not shot or blown up. I think some communists cannot be argued with and must be shot or blown up. If you can convince any communists by arguing, go for it, but I don’t think much of your chances.

    For the last time, argumentation ethics is not about what people want; it is about what is presupposed in the action of argumentation.
    If I can show that person is 1 arguing and 2 not presupposing the libertarian ethic then that would show that the ethic is not a necessary presupposition of argument.

    There exist childish arguments, but these are not what the term subsumes. If you don’t like the term argumentation, imagine some other word to take its place.
    The common definition of “arguing” includes the childish type. If you want to refer to something else it is up to you to use a different term!

  • Published: August 30, 2007 7:51 PM

  • Anthony
  • TGGP: “None of the examples I gave (Bell, Moldbug, Patri Friedman) were of proselytizers.”My bad then.”Leonard Reed said communism was a problem to argued away, not shot or blown up. I think some communists cannot be argued with and must be shot or blown up. If you can convince any communists by arguing, go for it, but I don’t think much of your chances.”

    If force in self-defence against their hate preaching is necessary, then so be it. Otherwise I prefer the field of intellectual inquiry. Are you a market anarchist, minarchist, something else perhaps, or what?

    “If I can show that person is 1 arguing and 2 not presupposing the libertarian ethic then that would show that the ethic is not a necessary presupposition of argument.”

    You’d have to show that the action of argumentation does not presuppose certain things logically.

    “The common definition of “arguing” includes the childish type. If you want to refer to something else it is up to you to use a different term!”

    Well AE provides a definition of the term to go with it, so it is not really ambiguous at all. Terms are used in certain differing ways all the time.

  • Published: August 30, 2007 9:09 PM

  • TGGP
  • If force in self-defence against their hate preaching is necessary, then so be it. Otherwise I prefer the field of intellectual inquiry.
    Intellectual inquiry doesn’t seem to have made a dent on the Mugabes and Castros of the world.Are you a market anarchist, minarchist, something else perhaps, or what?
    Like Randall Holcombe, I do not think anarchy can be sustained and would like a minimal state to fill the power vacuum.You’d have to show that the action of argumentation does not presuppose certain things logically.
    How is that different from what I said?

    Well AE provides a definition of the term to go with it, so it is not really ambiguous at all. Terms are used in certain differing ways all the time.
    If they aren’t actually talking about arguing in the common sense of the term, perhaps it’s not really all that relevant.

  • Published: August 31, 2007 9:40 AM

  • Anthony
  • “Intellectual inquiry doesn’t seem to have made a dent on the Mugabes and Castros of the world.”And given that they are not persons I either encounter on a regular basis or aim to convert any time soon, they are irrelevant to me for the time being.”How is that different from what I said?”

    From what I can tell you seem to be thinking that if one can show that the motivations of the individual involved in argumentation are contrary to what it states that they are, then AE does not hold. However, AE is solely based on the presuppositions inherent in argumentation itself and the demonstrated preferences involved. If you mean that you can show that the presuppositions it claims exist in argumentation in fact do not, then that is an entirely different matter.

    “If they aren’t actually talking about arguing in the common sense of the term, perhaps it’s not really all that relevant.”

    For any ethical theory to be proposed, argumentation in the sense used in AE must be engaged in. So it is relevant for such purposes.

  • Published: August 31, 2007 9:58 AM

  • Paul Edwards
  • “My meta-ethical belief that ethical beliefs have no truth…”And no amount of reason can persuade you otherwise. I understand this now.“So even though I believe that belief of mine is true, it is not then objectively the case that you ought to believe it, and subjectively I would not be too concerned if you didn’t.”

    Because when you say you “believe” something is true, it means as much to you as to say you “believe” apples taste better than oranges. It’s subjective and arbitrary – not based on reasons which justify it. This is why you do not think that people who value the truth should necessarily agree with you. Because you do not think it ultimately is the truth – just your belief – and you don’t think you can justify your believe with reason. Again, I get it.

    “I don’t think there are any justifications,” Yes, I now recognize this is what you believe. This is why it is futile for me to attempt to present you with one. The criminal has his own beliefs as well. Perhaps he also doesn’t think there are any justifications.

    “It is a meta-ethical position, and can be correct or incorrect.” I know, I know. LOL!

    “I can’t speak for you guys, but I know I’ve been entertained.” This I believe. And this is a fine thing. It just doesn’t get you any closer to the truth.

    “At any rate, I am looking to observe something so that I can say “Ah, there is such a thing as justice!”. Imaginary things in your head will not cut the mustard.”

    To observe that there is such a thing as justice requires first observing that there is such a thing as reason and that the two are implied in each other and in the act of argumentation geared to the determining of truth. Why did I just say that? – another impossible justification.

    “…but since you display a reluctance to engage in conversation here”

    Finally, this conversation gets entertaining.

    “I would certainly put the likelihood that you will accept my position at less than 0.5.”

    Given that I require a logical justification for an ethical truth, and your contention that such a justification is utterly impossible, I would put the likelihood at considerably less than that.

    “That sounds a bit overdramatic.” That is entertaining as well. I don’t call our discussions a psychological battle to dramatize, but rather to distinguish it from logical argumentation: which I claim must presuppose the pursuit of truth via the cooperative application of reason. Something you persistently contend is not necessary. And I see that you perhaps unintentionally demonstrate what you mean by that in the course of our discourse. However all this confirms to me is that we have not been engaged in argumentation.

  • Published: August 31, 2007 2:12 PM

  • Björn Lundahl
  • Göteborg We Love You:http://www.youtube.com/watch?v=LOsme0cTgcw
  • Published: August 31, 2007 3:21 PM

  • TGGP
  • And given that they are not persons I either encounter on a regular basis or aim to convert any time soon, they are irrelevant to me for the time being.
    I don’t know about you, but I am an American which means I do not encounter them either. They serve as extreme examples. However, I do live under the rule of American politicians, who might be said to be a tastier flavor of dirt.From what I can tell you seem to be thinking that if one can show that the motivations of the individual involved in argumentation are contrary to what it states that they are, then AE does not hold. However, AE is solely based on the presuppositions inherent in argumentation itself and the demonstrated preferences involved.
    How is it inherent in argumentation itself if people argue without it?For any ethical theory to be proposed, argumentation in the sense used in AE must be engaged in.
    “Might makes right. Finders keepers, losers weepers, nana-nana boo-boo you poopie-pants.” That is clearly proposing an ethical theory and arguing in a childish way.

    And no amount of reason can persuade you otherwise. I understand this now.
    I already explained what could change my mind.

    Because when you say you “believe” something is true, it means as much to you as to say you “believe” apples taste better than oranges. It’s subjective and arbitrary – not based on reasons which justify it.
    No, it is a meta-normative belief, not a normative one.

    This is why you do not think that people who value the truth should necessarily agree with you.
    The post Two Cheers for Ignoring Plain Facts greatly angered me from the title alone, but I must concede there are situations in which I would prefer for people not to believe the truth because of the consequences of their belief. I think if Hitler had more accurate beliefs about the probability of military success, he might have been more cautious and stayed in power. I cannot answer for your perspective because I am not and can never be you.

    To observe that there is such a thing as justice requires first observing that there is such a thing as reason
    I don’t intend on denying reason here!

    and that the two are implied in each other and in the act of argumentation geared to the determining of truth.
    I do not concede that part.

    Given that I require a logical justification for an ethical truth
    But I am not arguing for an ethical truth but a meta-ethical one!

    And I see that you perhaps unintentionally demonstrate what you mean by that in the course of our discourse. However all this confirms to me is that we have not been engaged in argumentation.
    What have I said that was a logical fallacy? I bet if there was a poll of random web users in which they read our posts up until now and were asked if we were engaged in argumentation, a huge majority would say we were.

    Mr. Lundahl, if you hadn’t posted substantive comments before your most recent one, I would have assumed your were a spam-bot!

  • Published: August 31, 2007 4:17 PM

  • Anthony
  • “I don’t know about you, but I am an American which means I do not encounter them either. They serve as extreme examples. However, I do live under the rule of American politicians, who might be said to be a tastier flavor of dirt.”And I suppose you think justice must come out of the barrel of a gun? Again, I aim at convincing people of the veracity of my position; the more who come to agree with me, the more potential revolutionaires out there when things do come to justice out of the barrel of a gun.
    “How is it inherent in argumentation itself if people argue without it?”Argue without what spefically?

    ” “Might makes right. Finders keepers, losers weepers, nana-nana boo-boo you poopie-pants.” That is clearly proposing an ethical theory and arguing in a childish way.”

    Sure, with no justification behind it. Anyone serious about reaching the truthfulness of an ethic will aim at justifying it.

  • Published: August 31, 2007 7:23 PM

  • Björn Lundahl
  • I feel that the book Human Action is quite correct. My feelings about the truthfulness of the book Man, Economy, and State are quite high too. Does anyone share those feelings as well?
  • Published: August 31, 2007 9:27 PM

  • Björn Lundahl
  • Really, I should explain in a more detailed manner what I meant with my sincere feelings about above mentioned books:I feel that the conclusions made in the book Human Action are quite correct. My feelings about the truthfulness of the conclusions made in the book Man, Economy, and State are quite high too. Does anyone share those feelings as well?
  • Published: August 31, 2007 10:18 PM

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An Overview of Criticisms of Randy Barnett on Iraq and War

This is from my Mises blog post in 2007:

An Overview of Criticisms of Randy Barnett on Iraq and War

July 27, 2007 by

By now there’s been a great deal of libertarian criticism and discussion of Randy Barnett‘s controversial Wall Street Journal editorial, Libertarians and the War [link bad; wayback version] (subtitled: “Ron Paul doesn’t speak for all of us.”), including:

There are more, including one by the execrable Tom Palmer, but I won’t sully Mises.org by linking to it. Barnett has replied to some of these in Antiwar Libertarians and the Reification of the State and Libertarian Theories of War.

Barnett’s critics have made a lot of good points. Sheldon Richman, in Ahistorical “Libertarian” Warmongers, for example, wrote:

I think this gets at an underlying flaw in Barnett’s case. He, like others, approaches libertarianism in a hyper-rationalistic, ahistorical way. If in his view a policy position cannot be reached deductively from libertarian first principles, he concludes that libertarianism per se has nothing to say about it. But his method is wrong. Libertarianism isn’t purely an a prioritheory. It’s a set of insights about human beings and a unique historical institution — the state — insights produced by centuries of experience. Libertarianism properly conceived is an interplay of theory and history, neither ever losing sight of the other. It is, as Chris Sciabarra notes, dialectical.Barnett curiously combines his simplistic a priori approach to libertarianism with a vulgar dilettantism regarding current events void of detailed knowledge about the U.S. government’s conduct in the world for at least the last 50 years. That is what allows him to blithely proclaim that there is no libertarian position on a war against a country that posed no threat to the American people and that was run by a former agent of American presidents. That’s why he takes George Bush’s pronouncements and policy seriously.

And why are libertarian such as Barnett comfortable with this dubious methodology with respect to foreign policy? Because not far below the surface, they are nationalists. The nation is still a special unit of emotional value — particularly the U.S. There’s an implicit theory of exceptionalism here too. That accounts for their lack of interest in the history of U.S. intervention.

Fascinating point about their “implicit theory of exceptionalism” accounting for “their lack of interest in the history of U.S. intervention.”

A few other comments on Barnett’s piece. He writes: “Does being a libertarian commit one to a particular stance toward the Iraq war? The simple answer is ‘no.’” So … the obvious question tht occurs to the reader: where does he stand? It’s strange that he argues that a libertarian can still be in favor of war, and in particular the Iraq War, without ever explicitly acknowledging he is (was?) a proponent of the war. As Barnett made clear in a September 2003 blogpost on National Review’s The Corner, Libertarians Against The War,

Some libertarians I respect enormously oppose the war in Iraq. It was only a matter of time, I suppose, that I might be criticized by them for supporting it. The delay comes from the fact that I have not published anything in support of the war, but have confined myself in print to posting links on to articles by those who have. … I am a libertarian and Hanson is a conservative so we do not agree about everything. But unlike some libertarians, many on the Left, some Republicans and many Democrats, I do think we are in a defensive war and have been since we were attacked on 9/11. I further think that the battle for Iraq is a legitimate part of that overall war….

He also writes, “Naturally, the libertarians who supported the war in Iraq are disappointed, though hardly shocked, that it was so badly executed.” Does this mean that Barnett was in 2003 in favor of the war but has now changed his mind? If so, why not admit this mistake? If not, does this mean he is still in favor of the war even though he is “disappointed” (but not shocked!) that it has gone so poorly? And what does the “though hardly shocked” comment mean–that he realized the war might be a disaster at its inception but supported it anyway?

Barnett goes on:

The Bush administration might be faulted, not so much for its initial errors which occur in any war against a determined foe who adjusts creatively to any preconceived central “plan,” but for its dogged refusal to alter its approach–and promptly replace its military commanders as President Lincoln did repeatedly–when it became clear that its tactics were not working.

What is bothersome about this passage is its implicit endorsement of Lincoln, and his war and tactics. As Raimondo notes, according to Barnett, “[a]ll that went wrong [in Iraq] was that the implementation of the neocons’ grandiose vision was botched by a president who wasn’t enough like Lincoln – you know, the famously “libertarian” president who jailed his political opponents, banned antiwar newspapers, and burned Atlanta to the ground.”

Another troublesome comment: Barnett writes that

pro-invasion libertarians … are still rooting for success in Iraq because it would make Americans more safe, while defeat would greatly undermine the fight against those who declared war on the U.S. They are concerned that Americans may get the misleading impression that all libertarians oppose the Iraq war–as Ron Paul does–and even that libertarianism itself dictates opposition to this war.

Perhaps it was not intended to be taken this way, but Barnett appears to imply here that anti-invasion libertarians such as Ron Paul are not “rooting for success in Iraq”. I am sure Paul would vigorously deny this, and indeed that he is also “rooting for success in Iraq”, while remaining skeptical of the prospects of such success. (Healy makes a related point about the “rooting for success” comment.)

Also: “To a libertarian, any effort at “nation building” seems to be just another form of central planning which, however well-motivated, is fraught with unintended consequences and the danger of blowback.” But after acknowledging the danger of blowback, Barnett does not address this at all in the context of Iraq.

Another problem: the fence-sitting and abstract nature of Barnett’s piece. An acquaintance of mine wrote me that he was disappointed in Barnett’s piece for several reasons, including:

His much more fence-sitting piece is in some obscure blog. If you have strong views and you print them in the WSJ, fine. But, if you have tentative views, you put them in a blog, or in a scholarly journal, grow them into strong views, and then publish them in high-circulation journals (newspapers, magazines, etc.). Also, I tire of abstract discussions about war in general. Let’s discuss THIS war in particular. That’s why I liked Raimondo’s piece — he talked about specifics. For instance, talking about a specific war, it is absolutely OK (contra Barnett) to argue simultaneously that a war is illegal according to the UN and that the UN should be abolished. Hell, libertarians cite the GAO all the time while criticizing the fedgov, or assert states’ rights against the fedgov when we know good and well that states don’t have rights. Duh.

This problem is alluded to above when I noted that in the WSJ piece he does not acknowledge he, at least in 2003, was in favor of the war; and he does not say whether he is currently in favor of the war. He argues that one can be a pro-war, and pro-Iraq War, libertarian, but whether one should be, or whether he is, he leaves open or to inference.

I’ve noted a similarly curious stance by Barnett in the past. Despite his anarchism, for example (see, e.g., his 1977 JLS article Whither anarchy? Has Robert Nozick justified the state?; and his advocacy of a “polycentric” legal order in his Structure of Liberty book, which I discussed in this review), and his admiration for Spooner (he runs LysanderSpooner.org), he wants to find a way that the state can be legitimate. As he wrote in his 2003 article, Constitutional Legitimacy:

Lysander Spooner was perhaps the earliest American constitutional theorist to recognize that an argument based on hypothetical consent “existing only in theory” is required to respect the rights of the individual because everyone cannot be presumed – in the absence of express or actual consent – to have given up their rights: “Justice is evidently the only principle that everybody can be presumed to agree to, in the formation of government.” In the absence of actual consent, a government that protects the rights of all “is the only government which it is practicable to establish by the [theoretical] consent of all the governed; for an unjust government must have victims, and the victims cannot be supposed to give their consent.”In sum, an argument based on theoretical or hypothetical consent is inadequate to justify overriding background rights. To the contrary, for a constitution to be legitimate on the basis of hypothetical (as opposed to actual) consent, it must be shown that such a constitution is consistent with the background rights of the individual. In the next Part, I shall consider an alternative conception of constitutional legitimacy that explains both how laws can bind the citizenry in conscience in the absence of consent and why, because consent is lacking, the lawmaking power of government must be limited. Indeed, I argue that, in the absence of unanimous consent, there is a duty to obey the law only when the legislature’s powers are limited.

Now, it is curious enough that an anarchist wants to find a way to argue that the state’s decrees “can bind the citizenry in conscience”. But what I have always found striking about this position of Barnett’s is that it’s not really relevant to our current government since it does not have or abide by a sufficiently “libertarian” constitution. That is, Barnett ought to argue that theoretically he can imagine how a state could adopt enough limits so that its laws have a certain amount of legitimacy, but that our current state is not legitimate and there is, in fact, no duty to obey the state’s laws. It seems that if he took this approach, however, his entire “presumption of liberty” approach would lost most of its relevance. It would be one thing to advocate that a near-minimal state that has realistic chance of being a limited state adopt this approach to make it and its constitution “legitimate”. But a mammoth state like ours is not legitimate, is not limited, and would not be even if its courts tried to adopt some version of the “presumption of legitimacy” test–can anyone really believe government judges would ever apply this presumption in a seriously libertarian way? As libertarian attorney J.H. Huebert notes,

The Ninth Amendment and the Commerce Clause are not, as he says, “lost”—they have been in the Constitution all along. Courts have distorted these provisions not because judges have not had Randy Barnett to explain their true meaning. Courts have done so because they are part of the very federal government Randy Barnett seeks to limit. In general, judges and those who appoint them have no reason to want to limit government. … [N]othing short of a libertarian revolution would be necessary for courts to begin doing what Mr. Barnett wants them to. How could such a revolution come about? Not by educating people about the Constitution, but by educating them about liberty. And any good libertarian education reveals that “limited government” is impossible.

(This is part of an interesting exchange between Barnett and Huebert: Huebert’s Book Review of Restoring the Lost Constitution: The Presumption of Liberty by Randy E. Barnett; Barnett’s Libertarianism and Legitimacy: A Reply to Huebert; and Huebert’s No Duty to Obey the State: Reply to Barnett .)

Note this curious comment by Barnett, in the context of a discussion about the US invasion of Iraq:

Would [Huebert] deny that if the U.S. Constitution, properly interpreted, did reliably enforce individual rights when followed (a contestable claim), then the existence of such a legal system anywhere in the world would be a good thing on libertarian grounds, however it came about? [emphasis added]

Here Barnett, if I am reading him right, implies that (a) the current US government and Constitution-as-interpreted are not legitimate; and (b) it is not even clear–it is “contestable”–that the U.S. Constitution would be legitimate (“reliably enforce individual rights”) even if it were properly interpreted and followed! I find this astounding! Why does Barnett seek to legitimate the US government and Constitution when he admits it’s not legitimate now and might not be even if the Constitution were properly interpreted? And why would he argue, or leave open the possibility that, the admittedly failed Iraq War might be legitimate, even though it’s waged by a currently illegitimate state, to impose some Islamaphied constitution that is not even as good as our own illegitimate Constitution?

Update: In the comments to the Mises post some of the links are now outdated. Here are some updates: Tom Palmer’s post It Wasn’t Justified and The Temptation of War. See also Anthony Gregory, The Effects of War on Liberty; and Why Libertarians Must Embrace Peace: An Archive of Material on the Pro-War Libertarian Folly.

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Higher Law

On a libertarian list, a fellow listmember disagreed with me about whether one should, if on the Supreme Court, refuse to enforce an unjust law. I had written,

BTW, I also have no problem with the Courts “striking down” any other actions of the other branches of the federal government–even “constitutional” ones. If I were on the Court I would probably refuse to enforce tax convictions, for example. But I would do so on moral, not constitutional, grounds.

His reply: “This is the problem. You would do the same goofy crap that that liberals do when they get on the bench — “Certainty and stability of law be-damned! I’m going to finagle this until I get he results I want in every case!”

But I’m a libertarian. I would refuse to take part in murder. I reject the idea that “The legal system is in shambles because liberal assholes have been doing this crap for generations.”

[continue reading…]

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Egads, I hate Georgism

From LRC

Egads, I hate Georgism

Posted by Stephan Kinsella on April 25, 2007 10:58 AM

Rothbard just demolishes Georgism in his The Single Tax: Economic and Moral Implications and A Reply to Georgist Criticisms. I’m reading now Doherty’s excellent book, Radicals For Capitalism, and I must say that when I read the parts about “early” or “proto-libertarians” being influenced by Georgism (or being Georgists), it drives me nuts. I think this is even worse than nutty Galambosianism; even worse than the outright socialism and leftism that some libertarians flirt with in youth before they get some sense. At least no one pretends socialism is libertarian. Why anyone would ever think Georgism makes any sense whatsoever, or is compatible with libertarianism, I have no idea. It has always seemed to me to be pure economic crankism and yet another form of socialism. In my view, our libertarian movement and philosophy should have nothing to do with Georgism.

Update: see Sue Donimus, Georgism Cannot Solve Land Conflicts and

LiquidZulu:

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NSK Interview on Patents, by Taylor Conant

NSK Interview on Patents, by Taylor Conant

Update: link above is now dead; here is the post from the Waybackmachine:

 

April 6, 2007

“Big Dig #3” – Patent Law

The following was an assignment, “Big Dig #3,” for a business journalism class. I researched the patent process and interviewed a patent attorney from Houston, Texas, Stephan Kinsella (his personal website is available here).

On November 28, 2006, the Supreme Court heard oral arguments in the KSR v. Teleflex patent case, a trial which could produce the most important ruling for patent law in forty years.

The case involves a dispute between KSR, a company which manufactures gas pedals that use an electronic signal rather than a mechanical cable to signal the engine, and Teleflex, a company which claims KSR has infringed a patent it was issued in 2001 for a similar technology. The dispute revolves around whether or not KSR’s system was an “obvious” integration of known technologies or not.

“The implications of this case to the patent system are huge. It could impact millions of U.S. patents currently in force and over 700,000 patent applications currently being examined by the PTO,” according to an interview conducted by PRNewswire.com of Robert Greene Sterne, a member of the counsel for KSR.

Patents, like trade secrets, trademarks and copyright, seek to protect “intellectual property,” or “IP.” Of the general IP category, only patents and trade secrets protect inventions.

According to Stephan Kinsella, a patent attorney from Houston, Texas, there are four criteria the United States Patent and Trademark Office (or PTO), use when judging whether or not an invention is patentable—statutory subject matter, utility, novelty and non-obviousness.

“Basically you can patent machines and processes that produce a useful result, so that’s the first one, and utility means it just has to do something useful,” says Kinsella.

So, based on the first two criteria, drugs are in (potentially make you healthier), while nuclear bombs and perpetual motion machines are out (nukes can only do harm or disutility, while perpetual motion machines are impossible according to the laws of thermodynamics).

“Novelty means it has to be new, and that’s usually pretty easy to overcome,” Kinsella continues. “But then you have to ask yourself if it’s an obvious difference or a non-obvious difference, and in most other parts of the world this is called the ‘inventive step.’”

So, by way of example, Kinsella says patenting the use of an LCD panel with a computer would not be a possibility because it is already obvious that you would use a display device with a computer, even though and LCD is new in comparison to a standard CRT monitor.

As the Supreme Court case shows, and as Mr. Kinsella emphasizes, obviousness – or lack thereof – is the central issue of patent law being debated these days. And the spread of the Internet and electronic goods will serve only to further complicate the patent system in that regard.

“About five years ago, Amazon got an injunction against Barnes and Noble to stop their one-click—they had a patent on clicking once on the basket to buy something as opposed to clicking twice,” says Kinsella, recounting a key moment in the growth of e-commerce. “It’s ridiculous, utterly ridiculous… Barnes and Noble is lagging behind now and I don’t know if that’s why, but it’s possible.”

According to Kinsella, there may even be a kind of populist revolt against the concept of IP by consumers who are increasingly frustrated by restrictions on the way they use their electronic media and information technologies.

“I believe there is a growing hostility towards IP in general, at least among Gen-X and the tech people,” Kinsella says, citing the examples of the RIAA, Disney and the recent Blackberry patent suit in which the company was forced to pay hundreds of millions of dollars to another company which claimed Blackberry had violated one of its patents. “There is an increasing fear a lot of small companies are in of patent infringement when they’re just trying to do business.”

That’s a concern worth taking seriously—after all, the patent system is predicated on the belief that the limited-monopolies granted by it incentivize creativity and create a net benefit for the economy. But if the arbitrariness of the patent system leads to exponentially-increasing costs, the economic usefulness of the system might need to be reexamined.

“If you really take seriously the idea that anyone who comes up with an idea has some property right in it, it either has to be definite or infinite. If it’s infinite, the human race probably would’ve died out a long time ago, because no one would be able to use the wheel, or fire or build a house without getting permission,” says Kinsella. “Therefore, the only way to make them work is to define their duration, but then you run into the problem of arbitrariness—twenty years for a patent, seventy-five years for a copyright, ten year renewable terms for trademarks.”

Until the time comes for Mr. Kinsella’s ideal system which only respects trade secrets and trademarks, he and others concerned with the patent system will just have to cheer on the right outcome in court cases such as KBR v. Teleflex. Depending on the way the ruling goes, that case could result in a striking down of current notions regarding “secondary conditions of non-obviousness,” which Kinsella views as currently helping to promote the arbitrariness of the patent system which is responsible for situations like the Amazon one-click patent.

According to the industry blog PatentlyO.com, Justice Scalia has already hinted that a conclusion in the case has been reached, saying, “I know how that one comes out, but I’m not going to tell you.”

Stephan Kinsella has his fingers crossed.

Posted by The Owner at 2:43 PM

1 comments:

cowbot said…
Well written. Thanks.I’ve written a refutation of ‘intellectual property’ based on austrian praxeological method here:

http://phreadom.blogspot.com/2008/05/intellectual-property-is-fiction.html

The very nature of reality indicates that the idea opens a path towards harm.

May 14, 2008 1:19:00 AM EST
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I’m not an ogre!


On occasion someone will remark to me via email or IM that they, or others, think of me as some asshole. I’ve noticed before that sometimes the nicest and sweetest people–Hans Hoppe, Lew Rockwell–are unfairly characterized by people, largely those who don’t know them. I suppose this happens because people impute a certain personality or character to others based on their writings, if they don’t know them in person. But I’m just a lovable little fuzzball–honest injun.

Pix: Big Daddy and the Hoppinator, at the inaugural PFS meeting in Bodrum, Turkey, 2006; the other is Big Daddy on a boat trip at the meeting.

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G.A. Cohen, the Rothbardian-Hoppean Marxist?

From the Mises blog. Archived comments below.

Update: for extended quotes from Rothbard and Hoppe about the problem of universal equal or communist ownership, see KOL468 | Is Group Ownership and Co-ownership Communism?

In Jan Narveson’s thought-provoking and elegantly-written The Libertarian Idea (1990), he discusses an admission by a Marxist, G.A. Cohen, of a serious problem with communal ownership of property. As Narveson notes (p. 68): “The problem for socialists, as Cohen observes, is how to have both the right of self-ownership … and yet a right of equality, getting us the socialism they are so morally enamored of. That there is a problem here is suggested by” the following comment by Cohen (found on p. 93-94 of his book Self-ownership, Freedom, and Equality (originally from G.A. Cohen, “Self-Ownership, World-Ownership and Equality,” in F. Lucash, ed., Justice and Equality, Here and Now (Ithaca, N.Y.: Cornell University Press, 1986), p. 113-114):

people can do (virtually) nothing without using parts of the external world. If, then, they require the leave of the community to use it, then, effectively …, they do not own themselves, since they can do nothing without communal authorization.”

Narveson comments: “It is testimony to the strength of our position that even someone so ideologically opposed gives it clear recognition as an argument that must be confronted.”

Does Cohen’s reasoning sound familiar? It should, to Rothbardians and Hoppeans. See below —

In Rothbard’s The Ethics of Liberty he argues in favor of self-ownership because the only logical alternatives are “(1) the ‘communist’ one of Universal and Equal Other-ownership, or (2) Partial Ownership of One Group by Another–a system of rule by one class over another.” However, “in practice, if there are more than a very few people in the society,” the first

alternative must break down and reduce to Alternative (2), partial rule by some over others. For it is physically impossible for everyone to keep continual tabs on everyone else, and thereby to exercise his equal share of partial ownership over every other man. In practice, then, this concept of universal and equal other-ownership is Utopian and impossible, and supervision and therefore ownership of others necessarily becomes a specialized activity of a ruling class. Hence, no society which does not have full self-ownership for everyone can enjoy a universal ethic. For this reason alone, 100 percent self-ownership for every man is the only viable political ethic for mankind.

Rothbard goes on,

But suppose for the sake of argument that this Utopia could be sustained. What then? In the first place, it is surely absurd to hold that no man is entitled to own himself, and yet to hold that each of these very men is entitled to own a part of all other men! But more than that, would our Utopia be desirable? Can we picture a world in which no man is free to take any action whatsoever without prior approval by everyone else in society? Clearly no man would be able to do anything, and the human race would quickly perish. [emphasis added]

(See also Rothbard’s comments in Man, Economy, and State, where he refutes the idea that the free market robs future generations by wasting natural resources, since “[s]uch reasoning would lead to the paradoxical conclusion that none of the resource be consumed at all.”)

Hans-Hermann Hoppe makes some related points as well. In Hoppe’s The Ethics and Economics of Private Property, Hoppe argues that the libertarian principle of original appropriation–“Everyone is the proper owner of his own physical body as well as of all places and nature-given goods that he occupies and puts to use by means of his body, provided that no one else has already occupied or used the same places and goods before him” is not only intuitive and obvious to most people (even “children and primitives”), it is also provable. Hoppe argues that there are only two alternatives to this rule: “Either another person, B, must be recognized as the owner of A’s body as well as the places and goods appropriated, produced or acquired by A, or both persons, A and B, must be considered equal co-owners of all bodies, places and goods.” However, the first rule reduces A to the rank of B’s slave, and is therefore not universalizable. As for the “second case of universal and equal co-ownership,”

this alternative would suffer from an even more severe deficiency, because if it were applied, all of mankind would instantly perish. (Since every human ethic must permit the survival of mankind, this alternative must also be rejected.) Every action of a person requires the use of some scarce means (at least of the person’s body and its standing room), but if all goods were co-owned by everyone, then no one, at no time and no place, would be allowed to do anything unless he had previously secured every other co-owner’s consent to do so.

Thus, “universal communism,” as Rothbard referred to it, is a “praxeological impossibility.”

For similar comments, see A Theory of Socialism of Capitalism (1989), pp. 142-143.

Hoppe also criticizes the notion that aggression can be viewed as “an invasion of the value or psychic integrity of” others’ property, as opposed to the libertarian view under which aggression is “defined as an invasion of the physical integrity of another person’s property.” Hoppe critiques this alternative conception of aggression because

While a person has control over whether or not his actions will change the physical properties of another’s property, he has no control over whether or not his actions affect the value (or price) of another’s property. This is determined by other individuals and their evaluations. Consequently, it would be impossible to know in advance whether or not one’s planned actions were legitimate. The entire population would have to be interrogated to assure that one’s actions would not damage the value of someone else’s property, and one could not begin to act until a universal consensus had been reached. Mankind would die out long before this assumption could ever be fulfilled.

See similar arguments by Hoppe in his 1988 Austrian Economic Newsletter article, The Justice of Economic Efficiency (p. 3). Interestingly, in the ensuing exchange between the late David Osterfeld and Hoppe, they use language eerily similar to Cohen’s: Osterfeld (p. 9): “Hoppe argues that socialism is ‘argumentatively indefensible’ because if private property is not recognized, then one would have to come to an agreement with the ‘entire world population’ prior to committing oneself to a course of action, a requirement that would paralyze all human action, and thus all life. It is not clear that the only alternative to individual ownership is ownership by the ‘world community’.” (I cannot find the exact phrases “entire world population” or “world community” in the Hoppe piece Osterfeld is critquing, however.) In Hoppe’s response (p. 239), he notes: “Osterfeld claims that I construct an altemative between either individual ownership or but that such an altemative is not exhaustive. This is a misrepresentation. Nowhere do I say anything like this.” (emphasis added)

Archived comments:

Comments

Since when do Marxists/Communists/Socialists ever address inconsistancies in their beliefs. Marx himself did not address several facts at his disposal. Among them are:
1. Urban England, London in particular, had INCREASING incomes, wages and standards of living not decreasing.
2. Urban England had poor folks who were much wealthier than those in rural England.
3. Factory workers moved to cities to get better lives given the alternative of starving in the rural areas.
4. The middle class was much larger than was commonly accepted. AND GROWING RAPIDLY!!!

Posted by: Bill at March 9, 2007 7:48 AM

Hoppe argues that there are only two alternatives to this rule: “Either another person, B, must be recognized as the owner of A’s body as well as the places and goods appropriated, produced or acquired by A, or both persons, A and B, must be considered equal co-owners of all bodies, places and goods.”

Or perhaps a fourth unspoken alternative; no one owns anything both individually or collectively. Why isn’t that alternative refuted?

For this reason I have a hard time swallowing argumentive ethics, since it only shows that once you accept the normative concept of ownership, you can derive private property as the only defensibly just principle.

Posted by: iceberg at March 9, 2007 9:05 AM

Iceberg Slim wrote:

Or perhaps a fourth unspoken alternative; no one owns anything both individually or collectively. Why isn’t that alternative refuted?

 

For this reason I have a hard time swallowing argumentive ethics, since it only shows that once you accept the normative concept of ownership, you can derive private property as the only defensibly just principle.

 

Rothbard wrote about that alternative in The Ethics of Liberty. Though it was only a footnote.

In Part II of the book, Section 8 Rothbard writes a chapter titled “Interpersonal Relations: Ownership and Aggression.” A quote from Rothbard:

 

Let us set aside for a moment the corollary but more complex case of tangible property, and concentrate on the question of a man’s ownership rights to his own body. Here there are two alternatives: either we may lay down a rule that each man should be permitted (i.e., have the right to) the full ownership of his own body, or we may rule that he may not have such complete ownership. If he does, then we have the libertarian natural law for a free society as treated above. But if he does not, if each man is not entitled to full and 100 percent self-ownership, then what does this imply? It implies either one of two conditions: (1) the “communist” one of Universal and Equal Other-ownership, or (2) Partial Ownership of One Group by Another—a system of rule by one class over another. These are the only logical alternatives to a state of 100 percent self-ownership for all.[1]

 

Footnote [1] says this:

 

Professor George Mavrodes, of the department of philosophy of the University of Michigan, objects that there is another logical alternative: namely, “that no one owns anybody, either himself or anyone else, nor any share of anybody.” However, since ownership signifies range of control, this would mean that no one would be able to do anything, and the human race would quickly vanish.

 

I wouldn’t call that an in depth “refutation”, but at least it is spoken of.

 

 

 

 

 

 

Posted by: Black Bloke at March 9, 2007 9:46 AM

Why does the preview show one thing and the post another?

Posted by: Black Bloke at March 9, 2007 9:47 AM

iceberg: “Or perhaps a fourth unspoken alternative; no one owns anything both individually or collectively. Why isn’t that alternative refuted?”

I believe it was, but perhaps the refutation has not adequitely explained. Ownership is defined in terms of rightful control over some specific resource. The right to control when and how a resource is transformed and/or consumed — and thus the acts of transforming and consuming themselves — imply ownership. By definition, then, in order for any resource to be utilized it must first be owned by some person or collection of persons. To say that no one owns anything is equivalent to say that no one has any right to transform or consume anything. This would naturally lead to the mass extinction of the human species.

Posted by: Jesse at March 9, 2007 9:47 AM

Cohen’s point, though, is that self-ownership is rendered insubstantial and merely formal under such a socialist situation. It is not violated, any more than a person’s property rights in a corkscrew are violated by a worldwide absence of corked bottles. It simply means that you cannot use yourself. Cohen responds, however, that the situation could be precisely the same in a libertarian society if one guy (somehow) buys up all the land (or otherwise justly appropriates it) and so leaves everybody else in a position of not being able to use themselves to do anything (except maybe think about what they are missing out upon) without the permission of the owner of that land.

However, there are obvious answers to Cohen. One bad one is that since self-ownership is not strictly violated in either situation, who cares? This is bad because self-ownership is attractive precisely because of features the substantive concept has that this strictly formal concept under the world-ownership arrangement lacks.

A better response would be to say, sure, libertarian regards substantive ownership as what is important. However, in the real world, land is not owned by a single owner, it is highly unrealistic to think that it could be, so the closer we get to the real world, and the fuurther from Cohen’s socialist situation, the better, in terms of substantive self-ownership. Moreover, if we include libertarian arguments about the relative non-problem of monopoly absent state intervention, the more libertarian the society, the more substantive self-ownership becomes. We could say, “fine, there would be a problem in a world where one guy bought up all the land,” without really having to abandon much of libertarianism and what makes it attractive at all.

Posted by: Richard Garner at March 9, 2007 11:28 AM

“Or perhaps a fourth unspoken alternative; no one owns anything both individually or collectively. Why isn’t that alternative refuted?”

When no one owns anything, no one controls anything. The word, ownership has been bastardized throughout the centuries. When we speak of natural control over resources, we are relley speaking of property ownership.

For their to be peaceful relations between people, their must be agreement on who controls resources, so we are not constantly fighting over resources. agreement over control over resources is contract.

blah blah 🙂

Posted by: jason at March 9, 2007 12:09 PM

Now that it’s been brought up, the fourth alternative (the claim that no-one owns anything) would make a quite intriguing initial situation/plot background for an an-cap Anthem

Posted by: Daniel M. Ryan at March 9, 2007 2:32 PM

Richard,

“We could say, “fine, there would be a problem in a world where one guy bought up all the land,” without really having to abandon much of libertarianism and what makes it attractive at all.”

Why would there be a problem? If people sell their property, they must surely take responsibility. If original appropriation is rather what is meant, then Cohen and also self-described “left-libertarians” (Hillel Steiner, Peter Vallentyne, Michael Otsuka) have seemingly misunderstood the libertarian theory of acquisition. I think on this point Stephan’s good friend Tom G. Palmer has shown Cohen to wrongly identify Nozick’s proviso as being *the* theory of acquisition, instead of some unnecessary and mistaken addition.

Posted by: ste at March 10, 2007 8:26 AM

Iceberg:

“Or perhaps a fourth unspoken alternative; no one owns anything both individually or collectively. Why isn’t that alternative refuted?”

There are many ways to say it, but basically this “no one owns anything” ethic is not an alternative ethic. The problem is it does not help us answer the question “what am i justified in doing right now and with what?” It in no way helps us avoid conflicts over scarce resources that acting man will necessarily have conflicting ends for.

“For this reason I have a hard time swallowing argumentive ethics, since it only shows that once you accept the normative concept of ownership, you can derive private property as the only defensibly just principle.”

But the act of arguing and justifying anything demonstrates that one accepts these things. Therefore, their validity cannot be disputed. It applies to all who in principle, would argue to justify themselves and ask a justification of another; I.e. humans. And to those beings who in principle would not, or could not in principle present or respect a justification, a property ethic does not and can not apply. But this is exactly why animals have no rights. They can in principle, neither claim any for themselves, nor acknowledge them to others.

Posted by: Paul Edwards at March 10, 2007 3:20 PM

so what then is correct response to the common objection that persons being born into a world where they own no property creates a conflict of rights? e.g. what if nobody wishes to have them on their land, giving them literally nowhere to go. or, are there numerous responses, all with some value? i am certainly not suggesting that such an objection against libertarianism carries any weight, but rather that if we disagree on why the objection isn’t strong, then does that in itself pose a problem?
any thoughts?

Posted by: ste at March 12, 2007 8:30 AM

ste, try this analogy: What if no store wanted to sell their goods to one particular person? It’s well within a store’s moral rights to refuse to serve someone, but obviously, they only make money by selling their goods, so there would need to be a very strong reason why they wouldn’t want to sell to someone, like if they were a klepto trying to steal their goods.

Same thing with land. Unless a landowner is using their land specifically for their own residence, they want to use land for productive purposes, and would need a strong reason not to allow any particular person on their land.

Posted by: Michael A. Clem at March 12, 2007 11:20 AM

Michael,

but the reply could be that while there is no conflict of rights if every shop refuses to sell food to some person, there is a *necessary* conflict of rights if someone is not permitted to reside anywhere in the world. this difference is one that the self-described “left-libertarians” (Steiner, Otsuka, Vallentyne) pick up on. Steiner, for example, holds that all rights must be simultaneously realisable, or they or not rights. libertarians seemingly want to make this claim too, but your comment does not escape the objection i have outlined.

Posted by: ste at March 12, 2007 12:22 PM

Well, let’s clarify the issue-what particular right is violated by the situation, and why is it different from the store example?

Posted by: Michael A. Clem at March 12, 2007 1:06 PM

Michael,
if i have to stand somewhere, and no one wants me to stand on their property, then am i not necessarily trespassing? the store example contains no rights violation that i can see. as i asked earlier, is the best libertarian response that, in practice, this will be highly unlikely to occur? this approach doesn’t seem to rule out unavoidable rights-violations entirely, and hence, seems to be open to attack (as Cohen and others recognise).

Posted by: ste at March 12, 2007 1:24 PM

Store example is identical, because food is also a necessity of life.

But I want to return to a STE’s statement:
“…there is a *necessary* conflict of rights if someone is not permitted to reside anywhere in the world.”

There is no conflict of “rights” here. You don’t have a right to reside anywhere in the world (thank goodness), simply because I don’t want you in my bedroom. You ask, what if nobody wants me and all land is privatized? Well, even nomadic Gypsies are able to survive while traveling, by entertaining or doing something useful for private owners. Some of them find abandoned parcels and establish adverse possession (their own property) – but we can even assume there is no such land anywhere. If you have nothing to offer to anyone and nobody even wants to give you a shelter – the problem is in you, not in the system of private ownership. The same goes for shops that sell you food: you must offer something in return for their property and if you have nothing to offer you can’t say that your rights are violated by their refusal to serve you.

PS
Also, the example in which one landowner purchases all the land in the world is absurd. People residing on that land cannot go to Mars and they will establish their own adverse possession on that same land if they keep living and working there (also, people would not give-up their land for free and they would not sell their land without some mean of survival and somewhere to go).

Posted by: Sasha Radeta at March 12, 2007 1:33 PM

Sasha,

rather than a conflict, is it not still true that a rights violation necessarily occurs? and would this not in itself be problematic? as you say, my not having anywhere to go would be a (non-rights-violating) problem for me, but is it not necessarily a rights-violating problem for the unfortunate property owner?

the store example differs in that i could produce, on my own, enough food to survive.

a single person purchasing the entire world is, of course, highly unlikely. but it is not logically impossible (though this is not relevant to the above objection).

Posted by: ste at March 12, 2007 2:35 PM

Ste,

Quite the contrary:
Rather than a violation of rights, a conflicts may occur in a completely privatized world (any hobo may attack me, in order to get my property without any work for me)… But such violations of private property would be sanctioned. Anyway, a person may have a limited privilege in case of necessity, but he will still own a compensation to the rightful owner (the trespasser will work it out)

I didn’t understand how could you claim that you can produce enough food to survive. What if you own only bare walls and unfertile land as many people do in this world? Are your rights violated if shops don’t want to give you food for free?

PS
Logical impossibility of owning entire livable space in the universe is contained in the adverse possession argument and the fact that people will establish property rights over the land on which they work and live (since they are not slaves and they will use some space on which they will store their compensation for the land they sold). I only mentioned this in the post scriptum as the response to one previous posting.

Posted by: Sasha Radeta at March 12, 2007 2:57 PM

To correct myself (- rather than legalized violation of rights, a number of conflits may occur in a completely privatized world -):

The violation of rights (aggression) can occur in any type of society… The difference is that common law in capitalism would sanction the aggressor, while socialism would legalize the aggressor’s actions.

Posted by: Sasha Radeta at March 12, 2007 3:02 PM

Sasha,

my point is not that violations may occur in a completely privatised world (of course this is true anywhere, as you say) but that we can conceive of a situation which has no solution, whereby a necessary rights violation exists.

in what sense would common law sanction a violation? and, in what sense is this different from it being legalised? if property rights are absolute, why do i have to suffer from having persons on my land? this is the problem that Steiner and others discuss, and i am as keen as you to work out the best libertarian response to it. Richard (above) seems to think that denying the probability of such a situation is the correct response, though you seem to be committed to a different view. are they both valid? or is one more valid than the other? if they are both valid, is only one required to refute the objection?

it is logically possible that we each produce enough food for our survival, so the difficulty of my main point is avoided. as i said, a shop’s refusal to give me food for any price does not infringe my rights. but my being situated on another’s property does, which is precisely the problem. if you could say a little more about the role of common law, i would be grateful.

Posted by: ste at March 12, 2007 3:53 PM

The point is that one doesn’t have an inherent right to land. Thus, even if no landowner will allow you on their land, no rights are being violated. Trespassing would be a crime, but if there was literally no place for the trespasser to go, I would imagine a just legal system would carve out a solution to the problem, not to mention a humane society. But it wouldn’t be an issue of rights conflict.

Posted by: Michael A. Clem at March 12, 2007 4:03 PM

Michael,

but surely the solution your just legal system will carve out is only necessary to resolve a rights violation. as Sasha pointed out, the objection is not one of conflict. rather, it is that i must be somewhere rather than nowhere.

the objection entirely accepts that we do not have an inherent right to land, i.e. that my rights are not violated by everyone denying me access. the very problem is the one that you point out — for absolute property rights do not seem to be consistent with an inability to remove a trespasser.

however, it is not clear what the court’s decision would be, nor could be. is this a better way of framing the objection?

Posted by: ste at March 12, 2007 4:14 PM

It’s hard to know what the court’s decision would be a priori without more circumstances. It’s difficult for me to believe that an entirely blameless and unobjectionable person would be refused entrance onto somebody’s land somewhere. Or are we talking about some kind of crisis situation, like extreme overpopulation or the like?

And if the person is, in fact, a criminal of some sort, then the court’s decision and the legal system, should include some way for him to serve his time/work out restitution/redeem himself so that others will eventually allow him onto their lands.

Posted by: Michael A. Clem at March 12, 2007 5:45 PM

Michael,

but if self-ownership does not give us an a priori answer, isn’t this a weakness of the theory? moreover, what circumstances would/could count towards a decision?

the point remains, does it not? whether it is hard for you to believe or not cannot be relevant to the difficulty that the objection poses. absolute property rights dictate that the property owner, and no one else, makes decisions about who can occupy his property, doesn’t it? why should he abide by the decision of any court?

this shows why any talk of a crisis situation is irrelevant (Rothbard correctly refutes Nozick’s use of such a justification) since it admits to the strength the objection i posed.

the person without access to any land need not (otherwise) be a criminal.

one solution, of course, is that the trespasser be executed,but i am not sure this represents a good escape.

Posted by: ste at March 12, 2007 6:06 PM

Ste says:

“if property rights are absolute, why do i have to suffer from having persons on my land?”

That’s the problem with your entire argument. You falsely presuppose “suffering” that will not be sanctioned in anarcho-capitalism. But it will. In cases of easement or limited privilege in case of necessity, the owner is compensated… trespasser is held responsible.

Also, Ste commits another logical error:

That’s nonsensical. It is logically possible that we each parcel land in ways in which everyone will have a shelter – so the difficulty of my main point is avoided in the same way.

But your point was different, because you asked whether someone rights will be violated “if someone does not have any land,” without actually asking yourself: “what if someone does not own means for food production?”

Just like owner of shops does not violate the right of those who can’t produce food by refusing to give it for free – the landowner does not violate rights of those who hypothetically have nowhere to go and nothing to offer in exchange for shelter.

Posted by: Sasha Radeta at March 12, 2007 6:32 PM

This was cut out with an incorrect HTML code:

It is logically possible that we each produce enough food for our survival, so the difficulty of my main point is avoided.”

That’s nonsensical. It is logically possible that we each parcel land in ways in which everyone will have a shelter – so the difficulty of my main point is avoided in the same way…

But your point was different, because you asked whether someone rights will be violated “if someone does not have any land,” without actually asking yourself: “what if someone does not own means for food production?”

Posted by: Sasha Radeta at March 12, 2007 6:34 PM

So we have to keep analogies straight.

When Ste wants to prove “inconsistency” in anarcho-capitalism, he tries to play with false analogies.

That’s rather misfortunate, since I’m eager to hear some valid anarcho-communist objections to anarcho-capitalism, when it comes to self-ownership and derived rights.

Posted by: Sasha Radeta at March 12, 2007 6:41 PM

Sasha,

i am merely playing devil’s advocate, in the hope that the objection i’ve stated can be dismissed with more than the claim that it is unlikely to happen.

still, the difference between the two cases will not disappear. without wishing to repeat myself, i think the inconsistency remains. my question is why should anyone be, of logical necessity, forced to house a trespasser? it is all very well that a court sides with the property owner in principle, but the fact is that the person must continue to reside somewhere, thereby violating the rights of a property owner. another way of stating the point is to say that it odd that a series of just decisions could lead to a necessarily unjust situation. i fail to see how self-ownership alone can resolve this logical problem.

which false analogies am i playing with?

Posted by: ste at March 12, 2007 7:12 PM

Nobody should be forced to house a trespasser. So what?

Your “objection” is pure meaningless sophistry.

It’s like asking “what if two plus two was five”? Well, who cares what if – it isn’t!

Posted by: Peter at March 12, 2007 7:50 PM

Ste,

While it is true that many communists are dishonest – I would rather see you not emulating their incorrect analogies (I pointed out which false analogy I refer to, read more carefully), but instead raising some valid objections.

There is no difference between two cases (shop-keepers who refuse the free access to food and landowners who restrict free access to shelter):

In order to survive, a person must reside somewhere — but that person also must eat. Anarcho-capitalists do not believe that a person has an inherent right to survive at someone else’s expense, whether we talk about housing or food needs.

YOU SAID: “but the fact is that the person must continue to reside somewhere, thereby violating the rights of a property owner.”

Forgive me, but that is such a nonsensical assumption that I must question your honesty. Who says that by residing on someone else’s property you necessarily must violate someone else’s property???? I don’t have my own housing and I live on someone else’s property – but I pay for it and I am not a violator. The same goes for food: I don’t own any means for food production, but that does not imply that I will steal to get it. Even if I had no alternative for food and shelter in some unrealistic world, these facts would not change! I own my body and I will offer labor for good like money, with which I would obtain food and shelter…

Anarcho-capitalism would equally sanction any trespasser and there is no inconsistency between markets for food or shelter.

Regards.

….

PS
You say: we can imagine a world in which “each [person] produces enough food for our survival” (the means for production of food are perfectly divided in your imaginary world), so we would not have any conflicts over food in those utopian circumstances…
– but we can also imagine a world in which people have perfectly parceled the land between each person – so there is no conflicts over shelter in those utopian circumstances.
That’s why I pointed inconsistency in your analogy. Anarcho-capitalism is not inconsistent even in such absurd scenarios.

Posted by: Sasha Radeta at March 12, 2007 7:53 PM

but if self-ownership does not give us an a priori answer, isn’t this a weakness of the theory? moreover, what circumstances would/could count towards a decision?

Um, self-ownership is separate from the legal system. Arbitration and mediation will always require knowledge of the circumstances involved. Expecting a system of rights to solve non-rights situations is a little silly, isn’t it? And yes, crisis situations are usually outside of normal legal systems, as well. I was merely trying to find out if you wanted to raise that objection.

Soem people want all human social and ethical conditions to be subsumed under the legal system. Politicizing all aspects of human behavior is not only undesireable, it also has terrible consequences on social, cultural and ethical norms and aspects of society. In short, I don’t think it’s a flaw in a rights system to not have an a priori answer to a non-rights issue. It’s an improvement. To say that someone is not legally required to be charitable is not at all the same thing as saying that people should not be (as in social pressure) or will not be (as in basic human kindness and nature) charitable.

Libertarian rights are a basis for a legal system, not a comprehensive philosophy for all human conduct.

Posted by: Michael A. Clem at March 12, 2007 7:57 PM

Peter,

the objection is not meaningless, and is certainly not akin to saying 2 + 2 = 5, because it is possible that the situation i described can exist, without any assumption of aggression on anyone’s part. i raise it only to suggest a possible difficulty in absolute property rights. if we are to take them seriously, as i certainly do, then doesn’t it help to determine exactly what the best response to doubters is, and to stick to it? there have been different replies to my point, and this is the precisely the issue i wanted to raise. are all valid, or not? if not, it might be worth arguing against those who reject my point but for different reasons. on a practical note, objections like the one i raised are (unsurprisingly) largely accepted in politics departments throughout academia today, and this is even more reason to be clear on exactly why my objection does not count.

Posted by: ste at March 13, 2007 12:18 PM

Sasha,

but i disagree that the analogy holds. i could just as well ask you to read me more carefully.

the difference between the cases is that no shop owner has to provide food (this is plainly obvious), and in doing so the rights of every shop owner are upheld. however, if every land owner refuses the person permission to reside on his land, then necessarily the person will be aggressing against one of them. which part of the distinction are you missing?

if you are saying that the difficulty will quickly disappear because people do not live very long without food, then isnt this just limiting the problem to the number of days that the person survives for? this does not elmiinate the objection posed.

“Forgive me, but that is such a nonsensical assumption that I must question your honesty.”
as i said, i am simply trying to work out the best response. it seems to me that you disagree that saying the situation is very unlikely to happen is the best response, so on that score at least we have made some progress. whether your response it valid is what i’m attempting to determine.

“Who says that by residing on someone else’s property you necessarily must violate someone else’s property???? I don’t have my own housing and I live on someone else’s property – but I pay for it and I am not a violator.”
yes, i understand this. it is, after all, unlikely. the point is that if every property owner justly refused you access, you would have nowhere to go. all of these decisions are just, yet an unjust situation can logically result. this is the basis of the objection.

“The same goes for food: I don’t own any means for food production, but that does not imply that I will steal to get it.”
but the food example requires intentional criminality on your part, whereas the land example does not. ideal theory seems to have a problem here, and assuming that the problem raised will not happen does not seem to be a valid escape, as you seem to suggest.

cheers.

Posted by: ste at March 13, 2007 12:45 PM

Michael,

“Arbitration and mediation will always require knowledge of the circumstances involved. Expecting a system of rights to solve non-rights situations is a little silly, isn’t it?”
but we know all the relevant circumstances, do we not? every property owner is refusing to allow a person to reside on their land. what more could we find out empirically?
are you claiming that trespass isn’t a rights violation? if not, are you inadvertantly claiming a crisis situation?

“Soem people want all human social and ethical conditions to be subsumed under the legal system. Politicizing all aspects of human behavior is not only undesireable, it also has terrible consequences on social, cultural and ethical norms and aspects of society.”
Some people might well do, but the objection does not imply this.

“In short, I don’t think it’s a flaw in a rights system to not have an a priori answer to a non-rights issue.”
why isn’t it a rights issue?

“It’s an improvement.”
Is this saying absolute property rights are imperfect? If so, does it matter? Sasha, do you agree with this Michael here?

“Libertarian rights are a basis for a legal system, not a comprehensive philosophy for all human conduct.”
This is undoubtedly true, but again, my objection is not making this claim.

Posted by: ste at March 13, 2007 12:58 PM

Yes, trespass is a rights violation, but as we’ve already made clear, this is not an issue of rights conflict. As for the circumstances of the situation, there must be some kind of reason why ALL the landowners would refuse to allow someone on their property, or else we are talking about a supremely irrational situation or a crisis situation of some sort. It may be a “possible” situation, but absurd under normal circumstances.

Posted by: Michael A. Clem at March 13, 2007 1:40 PM

Ste,

I read you carefully and that’s why I question your honesty.

You asked: “however, if every land owner refuses the person permission to reside on his land, then necessarily the person will be aggressing against one of them. which part of the distinction are you missing?”

I am not missing anything.

If every land owner refuses the person to reside on his land – that is perfectly analogous to a twisted world in which every shop-owner refuses to give food to a person who does not have means of producing it.

So what’s the problem here? Rights will always get violated when person wants to live at someone else’s expense. Anarcho-capitalism does not eliminate violations of rights – but it is the only system that would sanction these violations. Socialism would try to legalize such parasitism.

STE SAID: “but the food example requires intentional criminality on your part, whereas the land example does not.”
If you use someone’s land and refuse to pay for it – that is also intentional act. When you are starving, you unintentionally (out of necessity) must use someone’s food – but you have to pay for it.

You are insisting on a lie in order to find a flaw in anarcho-capitalism.

Posted by: Sasha Radeta at March 13, 2007 1:49 PM

Michael,

“It may be a “possible” situation, but absurd under normal circumstances.”

Forgive me if i misinterpret, but that sounds like an admission of the strength of my objection, and simply falls back on “it is unlikely.” if this is the best response, then fine, but i hoped we would find a better one.

i don’t see why the (irrational?) reasons for all landowners to refuse access are relevant. if, as you suggest, it might be a crisis situation, then what counts as a crisis? Hoppe says that we should not compromise on the level of theory. what if this peculiar compromise is unavoidable?

Posted by: ste at March 13, 2007 2:15 PM

Ste is forgetting that anarcho-capitalism recognizes necessity as a legal concept (some people cannot avoid being present on someone’s land and to use someone’s food – like a shipwrecked person on a private island – but they will have to owe some kind of compensation to this owner.

So there is no “violations” in cases of necessity, unless person refuses to pay some kind of compensation for their use of land and food. The only to avoid the hypothetical possibility of having these violations – is by legalizing theft. That’s the socialist “solution” for a non-existent problem.

Posted by: Sasha Radeta at March 13, 2007 2:17 PM

Ste said: “Forgive me if i misinterpret, but that sounds like an admission of the strength of my objection”

Leave Michael alone for a second…

I just politely showed how absurd your pseudo-arguments are. There is no strength in them… and no readiness for critical thinking either, either.

Regards.

Posted by: Sasha Radeta at March 13, 2007 2:20 PM

All I’m wanting is a clarification of the issue being presented, before we start appealing to Lewis Carroll. The circumstances DO matter, and the appropriate response may well differ depending upon those circumstances.

Posted by: Michael A. Clem at March 13, 2007 2:51 PM

Sasha,

“Ste is forgetting that anarcho-capitalism recognizes necessity as a legal concept (some people cannot avoid being present on someone’s land and to use someone’s food – like a shipwrecked person on a private island – but they will have to owe some kind of compensation to this owner.”

perhaps this is, in part, the answer i was looking for. it certainly sounds more promising than your previous attempts, and is very different from the “unlikely” argument. but also perhaps not. for instance, i do not equate the land example with the food example, and i do not think you necessarily need to in order to argue against my objection. the word “necessity” is being used in two different ways, which could be more important than you allow.

i don’t tthink those who originally made my objection would be convinced by your detailed and thoughtful points, but then maybe i will never convince you of (any of) the merits of my point.

(I am sure Michael can look after himself.)

cheers.

Posted by: ste at March 13, 2007 2:55 PM

Ste,

I consistently raise the same types of objections, so there is nothing “more” or “less” promising in my last posting.

The problem in your argument is that you try not to equate food with land examples – by trying to establish a false analogy between a world in which everyone has enough food to survive (world without scarcity of basic food) – with a world in which we have people without any land to live on. And then you say: look at these different outcomes, hence food and land cannot be compared.

All I said was: let’s imagine the world in which I don’t have any means to produce food (even if I owned unfertile land)! Would my rights be violated if ship-owners refused to give me their food for free? Of course not. Will shop-owners rights be violated if I take their food in order to sustain my life? NOT NECESSARILY. Only if I refuse to pay them at the later time – that would constitute a violation! And trust me: anarcho-capitalism would sanction these violations.

Food and living space are both necessities of life – what goes for one, goes for the other. You can even expand these necessities to clothing, healthcare, education, employment… once you legalize land theft, there’s no end to slippery slope of socialism.

I am sure that communists who made false objections to anarcho-capitalism will not be convinced by my arguments, since most of them are not interested in hearing other people’s ideas.

On the other hand, I carefully considered your arguments, and I am not convinced simply because your objections to anarcho-capitalism are false. Anarcho-capitalism would not cause property right violations – even if all land was privatized and you had nowhere to go. Your necessity use of someone’s food or land – does not imply that you will refuse to pay them. And anarcho-capitalism is not inconsistent in either scenario.

Regards.

Posted by: Sasha Radeta at March 13, 2007 3:55 PM

I think something is being forgotten here.

Nobody can, in a privatized world, simply be “born” into a world where they don’t own any property and thus their presence is a perpetual trespass.

Somebody had to have given birth to the person and that somebody either lives legally, would have either committed a prior trespass, or was a descendant thereof.

One interesting side point that I haven’t read about (perhaps there is an article covering this somewhere–it’d be interesting if anyone knows of such): Say the world is privatized. You own land, your neighbors own theirs. You find someone trespassing on your property.

Now nobody would dispute that you have a right to expel this person, but the question becomes “where to?” Now it may not be any of your business, but what if your expelling of this trespasser simply creates a trespass against your neighbor? Now perhaps there is a private road that permits someone (perhaps your defense agency) to take this trespasser back to their own territory, which is all and good. But, if we assume this is not an option, what options does the landowner or trespasser have other than to further trespass? My initial reaction is to say that the trespasser should, in this example where there are no publicly available options such as roads, return in the reverse order he arrived. Sorry if this is off-topic.

Posted by: Jordan at March 13, 2007 6:00 PM

Jordan,

Someone like me have parents with property (where I lived until I turned 18), but what if they kicked me out of there? Now imagine a hypothetical world in which everything is privatized and I don’t have anyone’s invitation to live on their property (Ste’s scenario). What then?

My response to Ste was: In the anarcho-capitalist world, I would have a limited privilege of necessity to obtain food and shelter, but I would have to compensate the owners… My aggression against owners (refusal to pay) is not presupposed.

The answer to your last question is: a proletarian person would continuously (and unintentionally/out-of-necessity) trespass until he finds a willing host who will accept his labor in exchange for hosting. I won’t get into the debate about common law easements and private roads for public use, because that would take us even farther away from this topic.

Posted by: Sasha Radeta at March 13, 2007 6:19 PM

I remember reading an article where someone argued that commons could and would still arise in AC society. Don’t remember the specifics, though–I’ll have to see if I can find it again. Also, the purpose of a road, even a private road, is to allow people to travel to different locations. Again, it would be quite strange if our trespasser wouldn’t be allowed to travel on a road or path, perhaps to a commons area.

The only thing I can figure is that our opponents expect guarantees and perfection from our theories. If they fall short, even just a little bit, that becomes a justification for them to reject them completely, and to hold on to their own preferred theories.

I can only argue to the best of my ability and knowledge, not being a Rothbard, or Mises, or even a Friedman.

Posted by: Michael A. Clem at March 13, 2007 6:53 PM

Sasha,

perhaps if i change the emphasis of my point.. the objection is not at all concerned with the survival of the person without property — after all, what happens to them is not a problem.

it is instead concerned with the property owner (not?) having to allow the person a place to stand. hence food is not the issue, because the person without property could (logically) decide not to steal any food, but (as a matter of logic) he could not decide to not stand anywhere.

either i do or do not have to allow a person to stand on my property. the compensation idea seems to want to have it both ways, i.e., by maintaining that property rights are absolute, but also admitting there are certain instances where these rights are necessarily violated (albeit with restitution). you say that, providing the person compensates, then no rights are violated. but if no rights are violated, why is compensation necessary? would instead this be described as a “contract”? if not, what is it?

therefore, the specific details of “limited privilege” are interesting, and worth exploring, i think.

Posted by: ste at March 13, 2007 7:21 PM

Michael,

“The only thing I can figure is that our opponents expect guarantees and perfection from our theories. If they fall short, even just a little bit, that becomes a justification for them to reject them completely, and to hold on to their own preferred theories.”

you seem to accept my objection may have at the least *some* weight, while Sasha does not. my original purpose was to see what differences exists between anarcho-capitalists’ rejections of such objections, and the extent to which this is important. perhaps you agree with Sasha, perhaps not.

i am, of course, not suggesting that we abandon the theory. i am merely pointing to a potential point in need of clarification. some contemporary political theorists attempt to get around what they see as a problem (the one i stated), claiming for example that full self-ownership be combined with some egalitarian world-ownership. i do not think this is possible, of course. nevertheless, their failure does mean that my original objection does not stand.

it’s an interesting issue though, right?

Posted by: ste at March 13, 2007 7:37 PM

Sasha/ste,

To reply to both of your critiques–does not the right to expel someone from your justly owned property presuppose that there is a location to which that person could be justly expelled?

Also, in reference to Sasha’s example of the parents kicking their child out of the house at 18–a la Rothbard, Hoppe, Kinsella, et al, a child becomes a fully realized self-owner when they express their objective link to their own body by moving/running away. If the parents have been the childs’ caretakers/trustees for 18-years, and they all of a sudden decide they want to rid themselves of this person, they can abrogate their status as caretaker/trustees to which end the child can then choose to express their objective link and move out or, failing that, the title of caretaker/trustee can be taken over by whomever has the next best link (family, etc). At any rate, the child is not a trespasser by mere parental decree.

Posted by: Jordan at March 13, 2007 7:55 PM

Jordan,

well, does it? what are the implications of there not being such a location?

Posted by: ste at March 13, 2007 8:13 PM

Jordan,

we cannot talk about any “child” after the person reaches certain age and it is not anyone’s responsibility to continue to support him and feed him. If, however, that child had a certain autonomy on his parents land, where he worked, made improvements, and lived in separate “quarters” – you may argue that he established an adverse possession and that he can’t be kicked out of there.

—-

Ste,

You are mistaken. My emphasis did not neglect the property owner in your scenario – I quite clearly addressed his rights.

In case that someone uses your property out of necessity (not by intentional trespass) – you will have a claim on compensation from this user. Your rights will only be violated if he refuses to pay – but that theft can happen in any system and it is completely irrelevant to our discussion on anarcho-capitalism.

But I am concerned about your another statement. You said:
“you say that, providing the person compensates, then no rights are violated. but if no rights are violated, why is compensation necessary?”

Why is compensation necessary when you finish your dinner at a restaurant? You used someone good and service and you owe for it. Only if you refuse to pay you committed a theft. In case of necessity, we don’t talk about an “implied contract” but about the exercise of substantive self-ownership, which is absolute and precedes property rights – but do not conflict with other person’s rights (as long as the owner of used property gets compensated).

Due to your unfair objections, I don’t give much weight to your argument. Specific details of “necessity” are worth of exploring to you, because we talk about principles present even in Roman law, yet you completely disregarded them in your initial assumptions.

Posted by: Sasha Radeta at March 13, 2007 8:53 PM

the objection is not meaningless, and is certainly not akin to saying 2 + 2 = 5, because it is possible that the situation i described can exist, without any assumption of aggression on anyone’s part.

What do you mean by “possible”? You mean you can imagine a world in which that situation obtains, in the same way you can imagine a world in which the speed of light is 17mph? Or do you mean it’s actually a possibility in this real world? Because if you mean the latter, you’re wrong. And if you mean the former, it is indeed meaningless.

Posted by: Peter at March 13, 2007 8:59 PM

Sasha: “Someone like me have parents with property (where I lived until I turned 18), but what if they kicked me out of there? Now imagine a hypothetical world in which everything is privatized and I don’t have anyone’s invitation to live on their property (Ste’s scenario). What then?

My response to Ste was: In the anarcho-capitalist world, I would have a limited privilege of necessity to obtain food and shelter, but I would have to compensate the owners… My aggression against owners (refusal to pay) is not presupposed.”

Yeah–someone so unliked, so despicable, such a loser, that their own parent kick them out, they have no friends they can stay with, no charitable groups they can avail themselves of, no job with their own income–such a person is likely to be able to pay compensation for trespass, right? Uh, yeah.

Posted by: Stephan Kinsella at March 13, 2007 9:07 PM

Dr. Kinsella,

Inability to pay does not excuse anyone from legal liability. Such person still owes his body and ability to do at least some kind of labor (any form of useful labor, as demonstrated by the ability to get on someone’s property and feed himself). It is up to the owner to decide whether to forgive a poor person – not up to the legals system.

Regards.

Posted by: Sasha Radeta at March 13, 2007 9:14 PM

Will shop-owners rights be violated if I take their food in order to sustain my life? NOT NECESSARILY. Only if I refuse to pay them at the later time – that would constitute a violation! And trust me: anarcho-capitalism would sanction these violations.

Of course the violation occurs at the time you take the food. Paying for it after the fact is restitutive punishment. (Regarding your earlier post, about a shipwrecked man washing up on a private island, I can’t for the life of me see how he owes the owner anything for that)

[Also note that you’re using the word “sanction” in an unusual way. The normal meaning is “allow” or “approve of”; confusingly, it is sometimes used to mean “punish” recently, which is apparently what you mean, but it’d make a lot more sense if you said “anarcho-capitalism would NOT sanction these violations” (not that it actually makes any sense either way: anarcho-capitalism is a concept, concepts don’t give approval to actions)]

Posted by: Peter at March 13, 2007 9:21 PM

Peter,

OK. You violate rights of restaurant owner when you eat your dinner there – and your payment for it is “restitutive” punishment.

Of course I’m joking, but you demonstrated your ignorance of basic legal concept. If “necessity” was in fact violation, a person would not only owe for something he used, but he would also pay PUNITIVE damages. No such thing exists… sorry.

Also note that a legal definition of “sanction” is “embargo” or “punishment” – hence the term “legal sanction.” I agree that if somebody fell from Mars, he would find my use of term “sanction” unusual. I did not talk about Latin or Indo-European root of this word.

When I say that anarcho-capitalism would not sanction something, I refer to people under such order – which is also clear to everyone.

Thanks for your contribution. Regards.

Posted by: Sasha Radeta at March 13, 2007 9:33 PM

OK. You violate rights of restaurant owner when you eat your dinner there – and your payment for it is “restitutive” punishment.

If the owner doesn’t want to serve you, that would be true. Otherwise, you’re eating there on the understanding that you’ll be paying for it (or someone will), not just taking the food.

If “necessity” was in fact violation, a person would not only owe for something he used, but he would also pay PUNITIVE damages.

It’s certainly a possibility.

Also note that a legal definition of “sanction” is “embargo” or “punishment” – hence the term “legal sanction.”

The term “legal sanction” means exactly the opposite of what you say: legal approval to do something, not punishment. E.g., the first hit on Google, an article entitled “Bush administration seeks legal sanction for torture” – means Bush wants approval to use torture, not that Bush wants to be punished.

Posted by: Peter at March 14, 2007 2:03 AM

Life and self-ownership

Mark Humphrey “I don’t want to precipitate trench warfare with devoted Rothbardians, but I strongly suspect that Rothbard owed his insight about “life as the standard of moral value” to Ayn Rand. I can’t prove this, of course. Sadly, in “The Ethics of Liberty”, (published in the early Eighties) Rothbard chose to, in a sense, blacklist Rand by claiming that NO ONE, other than himself, in the libertarian movement was working to develope a system of rationally defensible ethics. (Maybe Rothbard meant “at the moment I am writing this statement”.)”

Björn That life is an axiomatic value and functions “as the standard of moral value” in an ethical system, Rothbard could, alternatively for example, have gotten this insight from Mises himself through analyzing his statement in his book, “Human Action”, page 11:

“We may say that action is the manifestation of a man’s will.”

http://www.mises.org/humanaction/chap1sec1.asp

I am not saying that Rothbard did get his insight from Mises; I am only saying that it was possible. Surely, many other possibilities exist which we do not know anything about.

Mark Humphrey “It has been awhile since I’ve read Hoppe, and Rothbard; but I suspect Hoppe’s reasoning goes: either we all own ourselves, or everyone owns everyone else. Since the first proposition is clearly more defensible than the latter absurd proposition, one can affirm self ownership as valid. But if this is the argument, it fails. For that argument assumes that which it sets out to prove, namely that an ethical concept, “ownership”, exists. But on this basis, ownership remains unproven, so that one could just as well assert: “no one owns anything, and anything goes.””

Björn Self-ownership is a natural fact, since a man in his very nature controls his own mind and body (natural disposition), that is, he is a natural self-owner of his own will and person (having a free will) and if this was not true, neither could he effectively control any property and, therefore, not own it. In other words; “nothing could control and own something”.

Naturally, praxeology the science of human action, by itself logically confirms the natural fact of self-ownership, since praxeology is based upon “the acting man consciously intending to improve his own satisfaction” and I quote from answers.com:

“From praxeology Mises derived the idea that every conscious action is intended to improve a person’s satisfaction. He was careful to stress that praxeology is not concerned with the individual’s definition of end satisfaction, just the way he sought that satisfaction. The way in which a person will increase his satisfaction is by removing a source of dissatisfaction. As the future is uncertain so every action is speculative.

An acting man is defined as one capable of logical thought — to be otherwise would be to make one a mere creature who simply reacts to stimuli by instinct. Similarly an acting man must have a source of dissatisfaction which he believes capable of removing, otherwise he cannot act.

Another conclusion that Mises reached was that decisions are made on an ordinal basis. That is, it is impossible to carry out more than one action at once, the conscious mind being only capable of one decision at a time — even if those decisions can be made in rapid order. Thus man will act to remove the most pressing source of dissatisfaction first and then move to the next most pressing source of dissatisfaction.

As a person satisfies his first most important goal and after that his second most important goal then his second most important goal is always less important than his first most important goal. Thus, for every further goal reached, his satisfaction, or utility, is lessened from the preceding goal. This is the rule of diminishing marginal utility.

In human society many actions will be trading activities where one person regards a possession of another person as more desirable than one of his own possessions, and the other person has a similar higher regard for his colleague’s possession than he does for his own. This subject of praxeology is known as catallactics, and is the more commonly accepted realm of economics.”

http://www.answers.com/Praxeology?gwp=11&ver;=2.0.1.458&method;=3

Further:

The Ethics of Liberty, page 45:

Footnote:

“[1]Professor George Mavrodes, of the department of philosophy of the University of Michigan, objects that there is another logical alternative: namely, “that no one owns anybody, either himself or anyone else, nor any share of anybody.” However, since ownership signifies range of control, this would mean that no one would be able to do anything, and the human race would quickly vanish.”

http://www.mises.org/rothbard/ethics/eight.asp

Or in my own words from the essay “Normative principles”:

“Why must anybody own anything?

In accordance with our objective test to find out if something is a condition for something else, we grasp a state of things where the following principle is none existent anywhere and at all:

“Everybody owns themselves and their Justly owned property rights”.

Nobody would be able to do anything, since nobody has the right to control anything. Not even themselves (see below about property rights in your own person).

This question is not only a contradiction it is also silly. You ask a question which means that you control yourselves (natural disposition), that is owning yourself (see below the excellent writing of Hans-Hermann Hoppe). The other contradiction is that if nobody would own anything, nobody would be able to hinder anyone to own anything either since they would otherwise have an invalid control (having the disposition to) of everyone else, that is having an invalid ownership to everybody else (see below about valid property rights in your own person).

Ownership itself is, therefore, an objective condition for the preservation of human life.”

http://normativeprinciples.blogspot.com/2006/12/normative-principles-pure-free-market_10.html

 

An Animated Introduction to the Philosophy of Liberty:

http://www.isil.org/resources/introduction.html

The animation in full-sized window:

http://www.isil.org/resources/introduction.swf

 

Björn Lundahl
Göteborg, Sweden

 

Posted by: Björn Lundahl at March 14, 2007 3:28 AM

Peter,

You say: “Otherwise, you’re eating there on the understanding that you’ll be paying for it (or someone will), not just taking the food.

But that is also true of “necessity.” You are eating in order to survive, exercising substantive self-ownership, understanding that you will pay for it.

Coming from the legal definition of “violation” – you cannot say that you must commit it in case of pure necessity, when you acknowledge that you will pay for it. Anarcho-capitalism might hypothetically and unlikely lead to a situation in which a particular person will not have any means for producing his own food – but that does not mean that this person’s act out of necessity can ever be viewed as unlawful and forceful (violation) as long this party does not refuse the responsibility to compensate the owner. There can be no punitive damages when it comes to necessity.

I accept your concerns, but for the most part they were unnecessary.

PS
[As far as term “sanction” goes, it has different meanings and people will understand me from my context, rather than “google”. English has a few other words that can refer to opposites, such as the verbs dust (meaning both “to remove dust from” and “to put dust on”) and trim (meaning both “to cut something away” and “to add something as an ornament”).]

Posted by: Sasha Radeta at March 14, 2007 8:36 AM

So the last line of defense of anarcho-communism has been reduced to a false assumption that anarcho-capitalism could hypothetically lead to world which is so subdivided that there is no land on which a proletariats (people who own nothing but themselves) can establish an adverse possession or homesteading. But even if this happens – it does not mean that these proletarians will automatically commit any violation if they act out of pure necessity. Dr. Kinsella’s objection that proletarians have no wealth to pay any compensation does not hold – as long as proletarians own themselves (and their body as a valued mean of production).

Communists logically failed and their alternative plan to argue universal co-ownership of the world’s resources was effectively debunked by Rothbard and Hoppe.

Posted by: Sasha Radeta at March 14, 2007 10:41 AM

Sasha,

“But even if this happens – it does not mean that these proletarians will automatically commit any violation if they act out of pure necessity.”

i still think you are ignoring my point. how can non-violation rest on the person agreeing to compensate? as Stephan Kinsella pointed out, it is very possible that the person cannot or will not compensate. but this i think comes after the point at which the objection strikes. i assume that Stephan does not agree with my objection, but this does not necessarily follow from his comment. also, you seem to have some disagreements with Peter now, despite you both disagreeing with me. this is yet more evidence for me of the importance of how anarcho-capitalists successfully refute objections such as the one i raise.

as i already asked, how are you to deny the logical necessity of trespass that pertains when all property owners justly refuse access? in this sense rights are not compossible (all realisable without violation), and herein lies the objection. do you agree that *this* sense of ‘necessity’ is very different to the one used if the person CHOOSES to eat the food of someone else in order to survive?

Posted by: ste at March 14, 2007 11:47 AM

Ste,

My initial impression is that yes, it does pre-suppose that there is either a location to which that person owns or has contracted to reside, or a location to which entry is assumed to be allowed (a “public” place, in the non-governmental sense). I imagine that this scenario only comes up in very primitive, limited cases (if ever) and that in the real world, there would always be a place for the non-landowner to legally stand.

That’s just my initial impression, however. I haven’t given it a lot of thought–In a moment of haste, I’ve thought 53 and 28 made 71 as well…

Posted by: Jordan at March 14, 2007 12:49 PM

I’ve got to agree with Peter, Sasha. It’s quite different for a restaurant to allow you to order and eat with the expectation that you’ll pay at the end of the dinner than it is to have somebody trespass out of necessity, and then pay compensation.

And I still have to go with “unlikely” on the trespass problem, simply because I’m not going to be absolutist and say it’s impossible when it’s possible but absurd. Still, I think the analogy to a restaurant is fair. Under what circumstances would a restaurant, from a high-class French joint to your local McDonald’s, deny a person to dine on their premises? Their whole raison d’etre is to sell their food/service to customers. There would be no good, rational reason to denying a thorougly unobjectionable person with the means to pay from dining. They would only reject him if they knew that he couldn’t pay, or he was a health risk (Typhoid Mary?), or he was a danger, or he was a known restaurant thief, or SOMETHING like that.

Land, of course, has various and sundry uses, and use as rental property is only one of them. But the same considerations apply, at least to landlords. They must have some good reason for denying someone on their property, not because I say so, but because they, like the restaurants, want to make money.

Thus, like I said, the circumstances of the situation matter. It might be entirely understandable, even to the most ardent anti-AC’er, why some particular person would not be legally allowed on people’s property. Without knowing the circumstances, it’s hard to make blanket, generalized statements that will be true.

Posted by: Michael A. Clem at March 14, 2007 1:23 PM

Michael,

You didn’t surprise me with siding with Peter. You don’t understand that principle of necessity does not imply “violation” as long as you pay for your use. I only used the restaurant example, because in many cases people who don’t have money to pay in a restaurant – get a deal with the manager to wash the dishes and compensate him in that way. But in case of necessity, self-ownership (which cannot be exercised if you starve to death) will be protected – but the owner will be compensated (there will be no injured side).

—–

Ste,

I did not ignore any of your objections. Self-ownership is absolute, and property ownership is the only ethical way to exercise it.

You mentioned Dr. Kinsella’s objection that a person who act out of necessity perhaps will not be able to pay for his use. Hold on one second… There is nothing criminal about not being able to pay. How can you classify it as a “violation” then? “Violation” by its legal meaning is something criminal (check the definition) – and “necessity” can never be classified as such.

You also mention the possibility that the proletarian will refuse to pay for his use of someone else’s property. HOLD ON ONE SECOND! Such criminal act would be punishable in anarcho-capitalism, and such violations would occur in any system (except that socialism would legalize such unlawful acts). The fact that you point out such irrelevant nonsense only illustrates you lack of ideas.

Despite of disagreements from some people here, they did not raise any valid objections to anarcho-capitalism. The only possible way to prove that self-ownership could theoretically create a conflict with property rights in anarcho-capitalism – is by claiming that use in case of necessity is a crime (implying that it would yield some punitive damages). Unfortunately for anarcho-communists, such assumption would be nothing but a lie.

You asked: “how are you to deny the logical necessity of trespass that pertains when all property owners justly refuse access?”

Who said I would do something so silly. Trespasses are always possible – and that’s how people obtain adverse possessions and easements. Anarcho-capitalists do not claim that they would eliminate trespass. We only claim that self-ownership would not be conflicted with property rights, because even necessity will be countered by liability compensation.

Posted by: Sasha Radeta at March 14, 2007 6:04 PM

I merely agreed with Peter that there’s a difference between a common expectation and an unexpected use, such as an emergency or crisis situation.

I think that the idea of necessity has validity under certain, limited circumstances, but
I’m not sure if the land example would be such an application, given the lack of circumstancial evidence.

Posted by: Michael A. Clem at March 14, 2007 6:36 PM

There was actually no need to create such absurd scenario in which there is no space for adverse possession of a proletarian…

Ste could have created a more realistic example in which one parcel of unfertile land is completely surrounded by its neighbors’ land. According to an ignorant view of anarcho-capitalism, this person will starve to death, unless he commits a “violation” against his neighbors. However, there is such a thing called “easement” or “right-of-way,” which will allow to this person to leave his property – but he will in turn have to compensate his neighbor(s). So we cannot talk about “violations,” when we talk about non-criminal exercise of self-ownership rights – and compensation for such use of someone else’s property. Accidents (unintentional trespasses) cannot be called “violations” in legal terms (anarcho-capitalism would not eliminate accidents against property of others, either), but this fact does not mean that a victim of an accident would not be entitled to a compensation.

Anarcho-communist simply doesn’t have a valid objection and they can’t find a contradiction in our views – as long as we insist on compensation for any property use, even if such use is absolutely necessary. Roman law, from the Twelve Tables to the Theodosian Code and the Justinian Corpus, recognized the right of private property as near absolute. Property stemmed from unchallenged possession…
– BUT prior usage always established easements and necessity yielded limited privileges. In either case, owners would not be uncompensated. Is the objection to anarcho-capitalism reduced to the statement that in perfectly privatized world we would not be able to eradicate the principles of privileged necessity and easements? Well, thank dear God that we would not get rid of these wonderful principles – even if only 1% of the world was privatized.

Posted by: Sasha Radeta at March 14, 2007 7:22 PM

But that is also true of “necessity.” You are eating in order to survive, exercising substantive self-ownership, understanding that you will pay for it.

In the case of the ordinary diner at the restaurant, you could consider it a (very short term) credit situation; but for the guy claiming “necessity”, the restaurateur hasn’t agreed to extend credit. You say “understanding that you will pay for it” – but how much is he expected to pay? The restaurateur doesn’t want to serve him. Or maybe he could say “fine, you can eat here, but all the menu prices will be in units of $1000 instead of $1” – if he decides to walk away and then take the food anyway and claim “necessity”, would you have him pay the replacement cost for the food, the menu price, the menu price multiplied by 1000, or what? No; there’s no question he’s stealing in this situation, regardless of any willingness/intent to pay – the restaurant owner could demand “punitive damages” (“two eyes for an eye”), but if the theft was “necessary” I’d expect the owner who did so to come under fire (figuratively, not literally) from the majority of his customer base.

Posted by: Peter at March 14, 2007 7:25 PM

Peter,

You can say that eating somewhere out of necessity is a credit situation. While the restaurant owner can demand “punitive damages” against someone who eats and refuses to pay for the heck of it – someone who is in dire need cannot be liable for any punitive damage (no intent of wrongdoing), but he will be liable for the property he used.

You ask: how much a person owes to the owner? If the owner cannot reach an agreement with the user, it’s up to the courts to decide what would be expected compensation of regular customer (to determine how much would person in need pay if he had money in wallet).

Trying to compare “necessity” with theft is nonsensical. It can only be compared to unintentional trespass, since the person in need does not have a choice in his decision to use someone else’s property. In other words, anarcho-communists cannot prove that proletarians would be forced to become thieves by the virtue of self-ownership – even if the entire world was privatized and unwelcoming. As I said, the principle of limited privilege in case of necessity is like an easement for self-ownership right, which precedes all property.

It seems to me that libertarian-communists think that anarcho-capitalists are senseless bastards who would create an order in which some people could starve to death in the middle of unused paradise of wealth. They forget that our property theory includes concepts like adverse possession, necessity, and easement.

Like I said – even if only 1% of world was privatized, these principles would still hold for anarcho-capitalists. There is no need to imagine absurd scenarios like Ste’s (or Cohen’s).

Posted by: Sasha Radeta at March 14, 2007 9:30 PM

When it comes to those libertarian-communists who try to invent the arguments against anarcho-capitalism by playing devil’s advocate and pretend that they are concerned about property owners who could be theoretically placed in a “horrible” situation in which a proletarian is forced to cross over their property, while looking for a shelter – all I can say is this:
————————————————–

Dear advocates of the extinction of the mankind,

There is no need for you to invent absurd scenarios in which there is not even a single spot on which someone can find a land to establish his own adverse possession. Even a capitalist world with plenty of unused land that “waits” for homesteading will unavoidably have issues which you try to dishonestly exploit:
– Even if we had an entire new planet ready for settlement, here on Earth we will have private properties that get completely surrounded by other private properties — and they will need path to communicate with the outside world.
– Even in such world in which there is unused abundance of food, there will be shipwrecks, plane-crashes, or any case of dire poverty, which will force some people to use other people’s property in order to survive.
– There will always be possibility of car-crashes, accidents with weapons, people who loose direction, and other unintentional trespasses (accidents) against people’s property — as long as property exists.

Yes, private property rights necessarily leads to these situations, even if only a small portion of Earth was inhabited – but even in Roman times, law based on absolute protection of private property provided solutions for these situations. People who use their privilege of necessity in order to survive on someone else’s property, as well as people who use easement right to cross someone else’s property, will legally be liable to compensate the owner whose land they used. Law in anarcho-capitalism will not tolerate any injury to this owner.

However, this does not mean that law can guarantee that the person who owes compensation will have means to pay his debt. Debt default situation is possible in any system in which property exists – but the fact remains: the rightful owner will still have a legal claim and ownership of goods for which he awaits delivery. As long as indebted side owns his body and capability to work, there are ways in which this debt can be repaid.

So what’s the problem with this? If you seek to avoid theoretical possibility of accidental injuries to your body (for which you would be compensated) – simply kill yourself! If you want to be spared from someone crossing your property and paying you for that – abolish your right to any property (to control anything but your body) and simply starve to death! If you can’t cope with the fact that someone in dire need may use your property to survive – you can simply decide that we all co-own everything in this world, and don’t take another breath before you get permission from everyone — and simply starve to death. You see, anarcho-capitalism allows you to practice what you preach.

What anarcho-capitalism does not allow — is to use your property right to deny substantive property rights of someone else, but no one can cause any injury to your property without owing the adequate remedy for that action. Prior usage always establishes easement for which the other side will be compensated — and the oldest “prior usage” is self-ownership. No contradiction exists there.

Regards,

Posted by: Sasha Radeta at March 14, 2007 11:51 PM

I want to emphasise this regarding my above comment with the headline “Life and self-ownership”:

In a world without any property rights there wouldn’t be any property rights at all which, naturally, excludes any state or public property rights too.

That would mean that no one would have a right to anything not even to themselves.

Without any property rights the human race would quickly vanish.

This is a logical conclusion which can not, therefore, be refuted by empiricism.

Björn Lundahl

Posted by: Björn Lundahl at March 15, 2007 2:27 AM

This might instead be clearer:

Why must anybody own anything?

In accordance with our objective test to find out if something is a condition for something else, we grasp a state of things where the following principle is none existent anywhere and at all:

“The existence of property rights”:

In a world without any property rights nobody would be able to do anything, since nobody has the right to control anything. Not even themselves (see below about property rights in your own person).

This question is not only a contradiction it is also silly. You ask a question which means that you control yourselves (natural disposition), that is owning yourself (see below the excellent writing of Hans-Hermann Hoppe). The other contradiction is that if nobody would own anything, nobody would be able to hinder anyone to own anything either since they would otherwise have an invalid control (having the disposition to) of everyone else, that is having an invalid ownership to everybody else (see below about valid property rights in your own person).

Ownership itself is, therefore, an objective condition for the preservation of human life.

Please read some of Hans-Hermann Hoppe´s excellent writing from the book “The Ethics and Economics of Private Property”:

http://www.mises.org/etexts/hoppe5.pdf

And to:

ON THE ULTIMATE JUSTIFICATION OF THE ETHICS OF PRIVATE PROPERTY:

http://www.hanshoppe.com/publications/econ-ethics-10.pdf

Björn Lundahl

Posted by: Björn Lundahl at March 15, 2007 3:04 AM

Sasha,

You know, I’m still not convinced.

“If you want to be spared from someone crossing your property and paying you for that – abolish your right to any property (to control anything but your body) and simply starve to death! If you can’t cope with the fact that someone in dire need may use your property to survive – you can simply decide that we all co-own everything in this world, and don’t take another breath before you get permission from everyone — and simply starve to death. You see, anarcho-capitalism allows you to practice what you preach.”
Does absolute private property require that I allow someone to cross my property? Why can’t I shoot them dead? In any case, that was not my objection, which instead centred on certain necessary trespasses (see above posts). In Hillel Steiner’s words, the first come, first served ethic is incompossible. That is, that the mutual consistency of all the rights in the proposed set of rights is at least a necessary condition of that set being a possible one.

“What anarcho-capitalism does not allow — is to use your property right to deny substantive property rights of someone else, but no one can cause any injury to your property without owing the adequate remedy for that action. Prior usage always establishes easement for which the other side will be compensated — and the oldest “prior usage” is self-ownership. No contradiction exists there.”
Again, if adequate remedy is required, that would suggest a rights violation occurred. None of what I said implies the correctness of any other set of rights. Anyone else?

ste.

Posted by: ste at June 3, 2007 4:22 PM

STE said:

“Does absolute private property require that I allow someone to cross my property? Why can’t I shoot them dead? In any case, that was not my objection, which instead centred on certain necessary trespasses (see above posts). In Hillel Steiner’s words, the first come, first served ethic is incompossible. That is, that the mutual consistency of all the rights in the proposed set of rights is at least a necessary condition of that set being a possible one.”

You are confusing the issues here. Private property only stems from self-ownership rights, and you cannot violate this right of others even if they cross your private property. You cannot shoot someone dead just because he uses his easement rights in order to leave his own property and/or sustain his life. You also cannot “evict” a passenger from your airplane at 41000 feet, even if you don’t want him there at the moment. Hillel Steiner forgets that we have absolute self-ownership rights, while all other property serves as a mean of sustaining these rights. As H.H. Hoppe brilliantly showed, only Lockean principle of property acquisition is ethical and all other alternatives (when completely applied) would lead to the extinction of mankind.

Again, if adequate remedy is required, that would suggest a rights violation occurred. None of what I said implies the correctness of any other set of rights.”

Not true sir. Compensation for use of someone else’s property does not presuppose any “violation”. We can talk about violations only if a user refuses to compensate the owner for his use. Use of someone property is not a violation in itself.

Anyway, anarcho-capitalism includes the concepts of necessity and easement, simply because property rights are means of sustaining self-ownership — and these rights can never serve as a mean of violating someone else’s self-ownership.

Anyhow, the existence of easement and necessity rights do not prove any inconsistency or logical problem in anarcho-capitalism. Likewise, the fact that there will always be plane crashes or accidental entries on someone else’s property does not “prove” that there is any problem with the Lockean view of private property rights. Anyone else?

Posted by: Sasha Radeta at June 8, 2007 5:29 AM

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Extreme Praxeology

[From my Webnote series]

Related:

(Archived comments below)

Extreme Praxeology

TAGS Praxeology

Two of my favorite pieces are Rothbard’s In Defense of “Extreme Apriorism” 1 and Hoppe’s In Defense of Extreme Rationalism. 2 Also of great interest to me is the idea of extending praxeology–e.g., as Hoppe does in his argumentation ethics–and The Other Fields of Praxeology: War, Games, Voting… and Ethics?. This post mentions Adam Knott’s interesting working paper, Rothbardian-Randian Ethics and The Coming Methodenstreit in Libertarian Ethical Science; Knott has various praxeology sites too. [continue reading…]

  1. Murray N. Rothbard, “In Defense of ‘Extreme Apriorism,'” in Economic Controversies (Auburn, Ala: Mises Institute, 2011; Mises Institute publication; Mises Daily), originally published in the Southern Economic Journal (January 1957). []
  2. In Defense of Extreme Rationalism: Thoughts on Donald McCloskey’s The Rhetoric of Economics.” Rev. Austrian Econ. 3, no. 1 (1989): 179–214. . in The Great Fiction)  The Great Fiction: Property, Economy, Society, and the Politics of Decline, 2nd ed (Auburn, Ala.: Mises Institute, 2021) []
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Kinsella Oxford University Press Books

Since the purchase of my publisher, Oceana Publications, by Oxford University Press in late 2005, Oxford has assumed various Oceana titles I authored or edit, and seems to have finally added them to its print and online catalogs, e.g.:

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Kinsella IP Article in Georgian

The latest translation of my Against Intellectual Property is this Georgian translation, published by the New Economic School – Georgia as chapter in Property and Liberty, Vol. III of the Library of Liberty series (2005), a selection of free market oriented writers published with support of Friedrich Naumann Foundation (Germany). The article has also been translated into Spanish and Polish.

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Kinsella, Block, Tinsley on Exclusionary Rule

Just uploaded: my article In Defense of Evidence and Against the Exclusionary Rule: A Libertarian Approach, co-authored with Pat Tinsley and Walter Block, published in the Southern University Law Review.

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Why I’m a Libertarian — or, Why Libertarianism is Beautiful

Why I’m a Libertarian — or, Why Libertarianism is Beautiful

Mises Blog

12/12/2006

In a recent email, Walter Block wrote, responding some pessimistic comments I had about our libertarian movement:

“Dear Stephan: I never feel like dropping out. Never. No matter what. To me, libertarianism is a most beautiful thing, right up there with Mozart and Bach. Illegitimi non carborundum.

I replied with some comments, and Walter encouraged me to post them, so here they are, lightly edited:

Walter’s email got me to thinking about why I’m a libertarian—why libertarians are libertarian. What is it about us that drives us, that makes us passionate advocates of it, and intensely interested in it? Some of us have been self-indulgent enough to write up how we became libertarians (e.g., my How I Became A Libertarian); but I don’t mean exactly that. I mean what is it about it that you love; that drives you; that attracts you?

Walter’s comment that libertarianism is beautiful struck a chord with me; I think I’d never thought of it that way before. It seemed just, and fair, and right, but beautiful—? but then, justice, and rightness, and fairness, and goodness are beautiful.

I think I’m a libertarian because for some reason I hate injustice; I hate bullies; I hate inconsistency; I love fairness and logical consistency and treating people correctly. I like answering the question asked, and not dodging issues: if someone asks how should this person be treated, I try to answer that question, rather than advert to some Marxian notion of utopia.

I like the ruthless logic of libertarianism and its unflinching honesty: how we are unafraid to say that people have a right to be greedy, or selfish, or rich, or not to hire people because of their race—because it is their property. I like the in-your-faceness of it … when it is simply a matter of venting or justice to hurl in the face of a soma-ridden mainstreamer the solid, bracing truth about things, even if it will do no good. I like libertarianism—I love libertarianism—because I think it is the outcome of goodness applied to human interaction. I do agree that libertarianism is beautiful. It is refreshing and cleansing to know that I am willing to respect the rights of all who will respect mine; and to take the responsibility to earn my own way, and to pay for my own mistakes—and the right to profit from my successes. I am a libertarian because it is obviously good, and I would rather be good than evil; and the more good, the better.

***

Thoughts of others on your reasons for why you’re a libertarian are welcome in the comments.

***

Mises blog comments (archived):

Comments (117)

  • George Gaskell
  • What first interested me in libertarianism was its promise of completeness.

    It offered — and has delivered — a comprehensive scheme of human interaction, a set of relational terms and principles, that answered all of my unanswered questions.

    It cut through the confusion and obfuscation and reliance on metaphor and propaganda that you find in conservatism, socialism, in both their hard and soft varieties.

    These mainstream schools of thought are content to brush their inherent contradictions under the rug, their proponents resorting to appeals to national glory, or historical inevitability, or forever-vague concepts on which their entire philosophies depend. When you push these schools of thought to their limits, rather than address their own obvious signs of error, their proponents shrug their shoulders, wax romantic about things like paradoxes and conundrums and social problems that are unsolvable. Death and taxes, they say, without irony, as though taxation were a biological phenomenon.

    Libertarianism made the world make sense.

    It also shone the light on an avalanche of historical lies. Thomas Woods’s Politically Incorrect History and Thomas DiLorenzo’s The Real Lincoln represent only the tiniest beginning. Rothbard’s histories of economics and monetary laws, appearing here and there, are among his best writings.

    I am open to any explanation or historical analysis that can supplant anarcho-capitalism, that can stand toe-to-toe with it in a match of logical rigor, and win. But I haven’t seen it.

  • Published: December 12, 2006 3:34 PM

  • RogerM
  • Libertarianism is beautiful because it’s true. For those who value it, Truth is as beautiful and seductive as a woman.
  • Published: December 12, 2006 4:31 PM

  • Björn Lundahl
  • George Gaskel

    Very well said, I agree with you completely!

    RogerM

    That is a nice way to say it!

    Björn Lundahl

  • Published: December 12, 2006 5:11 PM

  • Jasmeet Chhabra
  • Libertarianism is the only philosophy that allows for full expression of human innovation, creativity and resourcefulness. So, it is beautiful, because it gives complete freedom to humans to create beautiful things…

    Its core principles are simple, moral and true. Once you understand the core, everything else just logically and harmoniously follows. That is beautiful and elegant.

    It is beautiful because it is humble. It does not assume to know the right answers for you. Only you do.

  • Published: December 12, 2006 6:09 PM

  • M. Seiler
  • I believe in libertarianism simply because the alternative, statism, is ridiculous. Statism says that politicians and government officials are better than the rest of us. Anyone who believes that either a) is an arrogant government official or b) believes in something that doesn’t believe in him.
  • Published: December 12, 2006 6:51 PM

  • Walt D.
  • Perhaps the Axiom of Action entails

    Libertarian sum ergo cogito

    instead of Descarte’s

    Cogito ergo sum

    (or Bill Clinton’s “Copulo ergo sum”)

    Libertarianism is beautiful.

    Stephan is a Libertarian

    Therefore, Stephan is beautiful!

    OK my logic leaves something to be desired, but come on – it’s Christmas!

    Thanks for all the informative posts Stephan.

  • Published: December 12, 2006 7:52 PM

  • quincunx
  • George Gaskell, that was indeed a great summary. A very difficult one to top.

    This cannot be overstated:

    Libertarianism made the world make sense.

  • Published: December 12, 2006 8:17 PM

  • Sam
  • Isn’t Libertarian the same as any other ‘ism’, in other words, as long as everyone is a good Libertarian, it works. What happens when people start breaking rank and do what ever they want? Would Libertarianism find itself on the scrap heap with Communism, Socialism, Trade Union, etc., whilst everyone reverts to an amoral private functionalism?
  • Published: December 12, 2006 8:23 PM

  • averros
  • Sam – libertarianism works because people are, on average, follow libertarian principles in their daily affairs with each other.

    The statism and collectivism of any stripes work only when propped up by the incessant flood of propaganda and brainwashing – making otherwise intelligent people believe in the obvious nonsense and behave like a herd of scared sheep.

    Notice how statist propaganda always reverts to the supposed will of some super-human entity, such as God (in theocracies and monarchies), Society and People (in fascist and communist regimes) or Democracy (in western social democracies) – and the need to submit to the will of this entity. As channeled by its acolites, of course.

    Libertarianism does not require any belief – it only requires some thought to understand few simple truths. Once you understood them, and have enough strength to resist the massive assault of nonsense and seductive lies comprising the modern political discourse and education, – you never can forget them.

  • Published: December 12, 2006 9:50 PM

  • Sam
  • What do you are you talking averros? There aren’t any Libertarian nations that I know of.
    Since communes work in very small tribes could be proof that Communism would work if everyone tried properly. I would say Libertarian works when I see it implemented on a large societal scale.

    Personally I believe Libertarian can only work when EVERYONE chooses to peacefully interact with each other. The fact that individual criminals have no respect for other peoples’ right to private property mean that life’s problems won’t automatically disappear when governemnt does.

  • Published: December 12, 2006 10:25 PM

  • Glen
  • The consitency of the logic and the fact that libertarianism only requires respect for others to work.
  • Published: December 12, 2006 10:37 PM

  • averros
  • Sam – I’m talking about you and the doens of interactions with other people you have every day.

    Unless you’re a homicdal maniac, of course. Or a politican, which pretty much amounts to the same.

    For some reason, I don’t think you are, and that means that you keep your dealings with other people voluntary, and do not aggress against their property and their persons.

    That meaning that you and absolute majority of people around you de facto live according to the libertarian principles – at least most of the time (when you’re not voting or trying to grab a piece of government handoffs for yourself).

  • Published: December 12, 2006 10:46 PM

  • Sam
  • Isn’t that my point Glen? That people who won’t show respect towards others would destroy the Libertarian system.

    I heard that other Libertarian commentators have said that many native tribal folk who lived self-sufficiently off the land could have been regarded as a once living example of Libertarian values. However white imperialists with greater military strength abolished it and proceeded to erect their own Statist society. How long can any Libertarian society last when others are willing to believe they can profit from destroying such a society?

    Similarly, individual criminals who keep robbing and cheating at every turn would cause others to start to view everyone as a potential criminal and trade might well stop to a crawl, causing a slow corruption and erosion of such a otherwise decent society.

  • Published: December 12, 2006 10:49 PM

  • George Gaskell
  • Personally I believe Libertarian can only work when EVERYONE chooses to peacefully interact with each other. The fact that individual criminals have no respect for other peoples’ right to private property mean that life’s problems won’t automatically disappear when governemnt does.

    Please, Sam, tell me what you mean by “work.”

    What do you fear when you say that a more free, voluntary society would not “work”? What, exactly, do you see happening as the result of the abolition (or curtailment) of the modern State?

    I submit that you may be responding to fears that governments incite and encourage, through various tools of propaganda, particularly about history.

    Governments are in the habit of creating bogeymen in order to justify taking control over other people’s lives. Usually, the problem either doesn’t exist, is greatly exaggerated, and/or is not remotely solved by the government measures created to supposedly fix it. Typically, the government action creates several genuine problems for every phantom problem it purports to solve.

  • Published: December 12, 2006 11:03 PM

  • Sam
  • To G. Gaskell:

    Perhaps my big fear is one of how does the proposed ideal Libertarian society going to stop individual criminal behaviour and outsider imperialist states, two types of people who could/would prey upon and ultimately could overrun and wreck it.

    By ‘working’ I’m thinking that people could go about being libertarian without much problem or having to think about it. I’m not completely sure how ‘law & order’ is supposed to work in a Libertarian society. Since crime tends to go up when punishments get softer makes me wonder what the Libertarian alternative is. Likewise the Libertarian working expample for national defense.

  • Published: December 12, 2006 11:19 PM

  • David C
  • The thing that I love about the libertarian philosophy is that it is the philosophy of the “real” world. Contrary to popular myth, reality is not something that we need to hide from or be sheltered from, but something that is a gift, something that can be learned from, built on, approached, a blessing.

    In the real world, corporations and the rich can abuse power. But, only the libertarian philosophy has the wisdom and the balls to chain down their most abused tool: government. In the real world, making drugs illegal drives up prices making gangsters rich and rewards violence. But only the libertarian philosophy has what it takes to bring it out into the open where the problems can be addressed while stopping the violence. In the real world, social security is a ponzi scheme that exploits the elderly, and peoples lives get ruined when their money is watered down. But only the libertarians had the decency and dignity warn people about how their lives were being ruined. The other parties talk about helping the poor, but couldn’t even bring themselves to say these simple truths, but couldn’t even warn them like any normal decent human being would be expected to. In the real world, people immigrate for opportunity and freedom. But, only the libertarian philosophy treats this immigration like a gift instead of a resented curse or a burden.

    One day I suspect that most people will reach a point in their lives where it seems like disaster, like there is nothing left, like there is no propose to go on, like all is lost, and when they are there they might ask themselves what really matters? What is there to grab on to? And the answer they may come up with is freedom, opportunity, and human dignity. I know, because many years ago it happened to me and that was the day I became Libertarian.

  • Published: December 12, 2006 11:54 PM

  • dragonslayer212
  • Sam, I think you have confused Libertarianism with anarchy. Libertarian thinking does not abolish government or laws, but only those parts of the government and law that would restrict the personal freedoms of civilized people. Criminals and criminal behavior is uncivilized by nature.
  • Published: December 13, 2006 8:28 AM

  • Matt
  • Frankly, the only way liberatarianism would ever achieve victory in the U.S. would be if it came under the banner of something like Christian Libertarian, because the amount of human wreckage that would come from drug legalization, for instance, would require massive charitable efforts to clean up. The country would be wealthier, but people who couldn’t get their act together would still be poor. Who will care for them is a question many will ask. So if we have a libertarian future, my guess is that it would be heavily religous, and you’d see churches playing powerful roles in society, just as they did before the government got involved in “charity”.

    If you read some of Pope Benedict’s theology and what the Secretary of State of the Vatican has been saying specifically about free markets, they are making very powerful arguments against abusive states. And that’s where my libertarianism comes from. God gave man free will, and no man has the right to trample upon anyone’s God given freedoms.

  • Published: December 13, 2006 8:36 AM

  • Sam
  • I think I’m now even more confused dragonslayer212. What then do Anarchist Libertarians believe vs. Minarchist Libertarians? Government is good in small doses now? Government not the source of all evil? Yep, quite confused now.
  • Published: December 13, 2006 8:37 AM

  • James Yopp
  • Sam,

    Dragonslayer is … I don’t know what. Anarchy doesn’t mean chaos, in a libertarian context. It means “without -archy” — Be it an oligarchy, autarchy, or monarchy. No ruling state. Not lawlessness.

    What you are not getting is that all the services you’re afraid to lose — police protection, the courts, accepted standards of behavior and civility, etc. — were never invented or established by the state in the first place, but rather were taken over and controlled by the state to ensure that it has an advantage in its dealings, and can maintain its power.

    Libertarian thinking definitely abolishes government and laws, but does not abolish civility, punishment for crimes, adjudication, morality, ethics, or enforceable standards of behavior. To rid ourselves of those things would be to deny what it is within us that is human — the very polar opposite of libertarian philosophy.

  • Published: December 13, 2006 8:46 AM

  • Reactionary
  • “Libertarian thinking definitely abolishes government and laws, but does not abolish civility, punishment for crimes, adjudication, morality, ethics, or enforceable standards of behavior.”

    In other words you’re a minarchist, not an anarchist. There can be no such thing as competing criminal and civil codes. Otherwise businessmen would be unable to bank on the enforceability of contracts and property owners would have no guarantee of personal security. So you are going to have a jurisdiction that will probably though not necessarily be geographically contiguous with one set of legal codes that residents must either abide by or be driven out or killed.

    The difference under a more free society would be that these jurisdictions will arise out of the organic order of extended families or mercantile interests. Neo-feudalism, in other words, and that is what is coming whether self-styled republicans, democrats, or anarchists want it or not.

  • Published: December 13, 2006 9:20 AM

  • Glen
  • Sam,

    Apparently you missed the point. If in light of the other comments here, you still don’t understand I don’t know if I can help. I’ll try, though.

    Most of us do respect each other, most of the time else even the current system of -archy would fail.

    In any case, libertarianism is still the most (maybe the only) principled political philosophy out there.

  • Published: December 13, 2006 9:23 AM

  • Sam
  • So how does the Libertarian law & order and national defense systems work?

    I’ve heard the ideas about private police, private abitrators, etc., and find it convoluted. I’d think the only law & order that would make sense would be for individual’s discretion (some would call perhaps vigilante justice).

    National defense is even trickery.

    Oh, also, how does Libertarianism maintian the complexity of modern society without government/corporation intervention?

  • Published: December 13, 2006 9:24 AM

  • James Yopp
  • In other words you’re a minarchist, not an anarchist. There can be no such thing as competing criminal and civil codes.

    I fail to see how criminal and civil codes are exempt from competition. Two persons will agree to arbitration in order to prevent violence. The persons in conflict can settle on any reasonable arbiter to resolve the conflict in a non-violent way. If they fail to resolve the matter peacefully, it is assumed that the next step is violence.

    People will give their custom, as is their right, to the courts that are most likely to use reasoning that resolves conflict peacefully and satisfactorily. Civil and criminal codes absolutely compete against each other, just as they do in international law today. The civil and criminal codes that provide the greatest benefits under the division of labor, the greatest degree of security in person and property rights, and promote the advancement of science and the arts, ostensibly, are those that are selected for.

    Look at the current state of international affairs. It IS anarchy, with competing systems of law, ethics, and civil and criminal codes. There is no overarching, universal law that governs the interaction of nation-states, or of people from competing nation-states. The laws compete, and if no concensus can be made, then war ensues. Libertarian society would reduce the scale of such conflict by many orders of magnitude, from conflict involving millions of people and trillions of dollars, to conflicts among individuals, families, or business interests.

    More importantly, it takes away the level of disjoint in the current system of international politics — VERY few people are willing to fight and risk their own lives, or the lives of their families, over property disputes. Furthermore, those that are willing to do so would be removed from society over time by that very mechanism. It’s a far cry from politicians who gain the power to make more war by winning wars where others fight and die in their stead.

  • Published: December 13, 2006 9:55 AM

  • Reactionary
  • James,

    In my opinion the culprit is democracy, not government, since government is a human institution. Practically speaking, you are probably going to have more restrictions on your behavior in a society run by property owners who want to maintain order and enhance their property values than in a society run by the lowest common denominator. The First Amendment, not libertarianism, is what keeps pornographers’ houses from being burned down.

    Libertarianism implies a non-coercive society, whereby you can opt out in any event of disagreement, like, say, the local arbitrator determines that a casualty is NOT covered by the products/completed-operations hazard and therefore you and not your insurer must satisfy a judgment. No organic society is going to form where anybody can opt out against coercion by shopping for an arbitrator who will rule in their favor. So, at the end of the day, even in the minarchist city-state or patriarchy, a monopolistic code of behavior will be enforced because, again, nobody is going to hire an arbitrator that can’t assure the binding effect of his decisions.

  • Published: December 13, 2006 10:26 AM

  • Brad
  • What draws me to libertarianism is the underlying maxim of not using Force except for defensive purposes.

    And to give Sam some support, perhaps he is right in the sense that no perfect -ism ever exists, but our assertion the no perfect -archy exists either, and that maximum possible freedom exists in the tension between the -isms and the -archies. Jefferson noted that “revolution” (not necessarily bloody) was likely necessary under whatever constructed -archy as it was sure to lose its way and become self serving, and a reset toward freedom would take place. What better -ism than libertarianism/individualism should one have to maximize the reset?

    The problem (perhaps to amplify Sam’s notions) is that nearly half the eligible voters are practicing libertarians. They don’t vote for anybody, and the more local the elections, the less they care. Of those who do vote, say 5% vote third party, leaving a near 50-50 split of the remaining 45% between Repubs and Dems. Eliminating the fringes and swing votes, that leaves about 35% core “Statists” split pretty much evenly, who “run” things. A loose assemblage of idealogies comprising 20% of the population has control of $2.5 trillion budgets and more laws than ever before. We are scattered and unfocused (by definition) so the aggressive minorty rules by default.

    Regardless, one is left with is espousing libertarianism, even ideally, to throw a line into the debate and hopefully pull the leviathan towards freedom. I appeal to people to examine their notions of right and wrong and ask does it necessarily rise to legal and illegal. Defaulting to Force in answer to every perceived wrong does more damage than good.

    I ask people to note just how much coercion and force is used on a daily basis, against whom, and why. Do they really feel safe? Is there a non-Statist solution? I basically ask people to think rationally, at least in their dealings with others, and to allow people to be irrational in their own affairs if they have a mind to. Honest inquiry usually reveals that Force is rarely curative, and normally harmful.

    If that fails I point out our $47 Trillion accrual basis national debt, that it is patently fallacious, and is symbolic of the failure of Statism (as Statism is rarely based in economic reality). There is usually a response by those who have some margin of rationality and I gain some hope that an inroad has been made. The others simply shrug their shoulders, hang on to their Faith even harder, and evade giving any answer. Those people are lost causes. One can only hope to change the opinions of the swing voter types, and “by-default” type Statists, those who have never been shown reality and nonsense. If enough are turned against the hardcore, then perhaps some turning of the tide can take place.

    Long and rambling perhaps, but the idea is that I have an ideology, I am more than willing to compromise, and that no perfect Libertarian Culture will ever likely exist. But the state of affairs we live in today is reckless and damaged. If people really are looking for another way, if people are getting more and more turned off and refuse to vote, and if people can see that their freedom, personal and economic, is being hijacked, then maybe there is some hope.

    But it starts with showing that Force is rarely the answer.

  • Published: December 13, 2006 1:19 PM

  • George Gaskell
  • Neo-feudalism, in other words, and that is what is coming whether self-styled republicans, democrats, or anarchists want it or not.

    Entirely possible.

    As to Sam’s question, how the courts would operate on a private basis is really not a problem. Even in our government monopoly system we have today, there’s an enormous amount of private arbitration, through the National Assoc. of Securities Dealers, AAA and Mediation, Inc. It’s results are off the radar screen as far as the news and other press outlets go, but it is a fact of life in the world of commercial litigation. It works very well. It would simply be expanded.

    These types of dispute resolution groups created contract law. Private merchant courts created the body of law that governs commercial transactions, and it was only later co-opted by the secular and religious aristocrats throughout the late medieval and Early Modern periods.

    These governmental entities obviously had a lot to gain by forcibly asserting superiority over private dispute resolution — it ensured that people (especially rich people) would be more dependent on the aristocrats for favors and patronage.

    You also have to realize that in a society that operates with less government control, people form private, voluntary associations to a much larger extent. Think about how, in the 18th-early 20th centuries, men would join clubs and societies. These associations would have their own resolution mechanisms. These associations would also have reciprocity agreements with others — the decision of one would be enforceable in others.

    In such a society, a man who transgressed against another man, who committed a wrong or (even worse) failed to pay a debt! This man would soon find himself ejected, and thus unable to derive any of the benefits of membership, with his own or any affiliated group. Imagine being kicked out of your church, your kids expelled from their school, treated like a pariah by your profession’s trade group, etc., all because you didn’t pay your gas bill.

    Nowadays, that doesn’t happen (except in a mild form — the credit report) because of the elephant in the living room — the all-powerful government courts that are supposed to be the only place to take care of that sort of thing. Only they do it badly and inefficiently.

  • Published: December 13, 2006 2:56 PM

  • Reactionary
  • George,

    I agree. I think private social mores and conventions would be a lot more strict in the absence of government.

    Quite frankly, there are people alive today just because the government has made it against the law to kill them.

  • Published: December 13, 2006 3:45 PM

  • Johan Nilsson
  • Liberalism makes wonders happen. Therefore, it is beautiful.
  • Published: December 13, 2006 4:47 PM

  • Vanmind
  • “Perhaps my big fear is one of how does the proposed ideal Libertarian society going to stop individual criminal behaviour and outsider imperialist states…”

    Individual criminal behavior would not stop, it would just be much less common than it always is when people fall under the unethical spell of socialism.

    Plus, a libertarian society would try to stop outsider imperialist states in the same manner that societies have always tried to stop them. Hopefully, liberty would prevail.

  • Published: December 13, 2006 11:42 PM

  • Sam
  • To Vanmind:

    You haven’t really answered my question.

    Why would crime go down? How would crime be policed? If everyone was solely responsible for their own lives and property would that be a greater detterent? Or would criminal behaviour merely change to suit the new circumstances?

    And how did societies repel imperialist societies? When the imperialist invaders have much better arms and numbers they tend to overrun the victim nation.

    Could any one provide an answer that’s more specific and real-world practical please? 😉

  • Published: December 14, 2006 12:04 AM

  • rtr
  • Mises answered that question, Sam, with the observation that people impute angelic motivations to the State and devilish motivations to individuals. But all there are in the real world are acting individuals, whether they call themselves “State”, “Corporations”, or “whatever”. Where were we before that, some Rouseauing or Marxist imaginary anthropomorphism? Why ask why would crime go down without also asking why would crime go up in the other scenario? You still have exactly the same acting individuals. Forming a socialist enterprise doesn’t magically change human nature. It is’t criminal behavior for two men to vote to have sex with one woman on an island even if the woman “votes” no?
  • Published: December 14, 2006 12:19 AM

  • rtr
  • That’s why libertarianism is beuatiful, it’s a philosophy that calls for maximized peaceful voluntary action. Men freely trade or men thieve, men peacefully coexist or men murder, men have consensual sex or men rape. There is no third “in between” way. It is necessarily EITHER/OR in reality, in action. Libertarians call for voluntary trade. What do other -isms or -archies call for?
  • Published: December 14, 2006 12:33 AM

  • Sam
  • If a mugger bashes you, takes your wallet, runs off, leaves you for dead, how it that Statism, Socialism, or anything ‘ism’? Why would such a person care that this scenario happened in a Libertarian society, Socialist society or any society?

    I would have thought any one who would engage in such a crime was merely being selfish and violent. Their philosophy I would imagine is one of ‘I’m going to get what I want, when I want, no matter by what means’. Why would such a person suddenly stop being a criminal in a Libertarian society?

    Finally I’ve been talking about violent criminal acts and what the Libertarian society would do about it. I don’t remember implying anything like homosexuality, Socialism, drugs, etc.

  • Published: December 14, 2006 12:51 AM

  • rtr
  • Actually, that’s progress. Mises great accomplishment was funneling a bunch of mumbo-jumbo arguments into actual Action.

    “If a mugger bashes you, takes your wallet, runs off, leaves you for dead, how it that Statism, Socialism, or anything ‘ism’? Why would such a person care that this scenario happened in a Libertarian society, Socialist society or any society?”

    Exactly. “Society” only exists when libertarian principles exist. Otherwise, it’s necessarily an either/in this case the OR Hobbesian war or all against all.

    What would a libertarian society do about violent criminal acts? The first thing it would do would be to not pretend violence isn’t violence if it’s initiated by individuals calling themselves “State” or “government”. Voting to take is no different than just taking. In a libertarian society a lot more people would be conscious of the fact that violent theft was occuring, even if it was couched in words like “taxation” or “welfare”.

    But yes, such a criminal person would be a criminal no matter what the name of the rose. So why pretend it’s something it’s not? The action committed is the action committed. But true society only exists to the extent that people are freely voluntarily trading with one another. Just because there might be a person who might commit criminal actions in a majority libertarian society, is that a reason to throw in the towel regarding peace, is that a reason to embrace violence? Define criminal: Actions against voluntary action.

  • Published: December 14, 2006 1:11 AM

  • Sam
  • Well, what would the Liberation society do in the event of a violent crime? Suppose the victim tells others about the bashing and mugging. Do others simply say “you should have defended yourself better” and leave it at that?

    Indeed my question is how does a Libertarian society safeguard the descent of a decent society into a violent free-for-all?

  • Published: December 14, 2006 2:03 AM

  • rtr
  • Well, that’s indeed the gold standard question. I’ll let someone else answer while I sleep on it.
  • Published: December 14, 2006 2:26 AM

  • Sam
  • Indeed I think societies that make the best sense are the ones where there is:

    1. Economic freedom – where people are free to trade using only peaceful means.

    2. Rule of law – only laws that protect individuals from criminal behaviour (and I’m not talking about ‘religious crimes’ such homosexuality, abortion, divorce, etc.), such that people can about their business happily trading without constantly looking over their shoulder or spending large amounts of money into personal protection (which should be going into savings and investments).

    Personally it I think it seems that when societies loses track of one of these standards things tend to go haywire. Am I right? Wrong?

  • Published: December 14, 2006 3:02 AM

  • Reactionary
  • “Liberalism makes wonders happen. Therefore, it is beautiful.”

    Hippy nonsense. Liberalism enables anarcho-tyranny, with the civilized elements of society paralyzed by notions of “rights” from defending themselves against those elements of society that seek to destroy them.

  • Published: December 14, 2006 9:05 AM

  • Dan Coleman
  • Sam, the concerns you are raising have been the subject of much discussion in libertarian circles. You seem to have a lot of excellent questions, and it would be a waste for me to try and write into the comment section all of the information that it would take to give a thoughtful response.

    Instead, let me point you to some of the best material on the subject. Try starting with Murray Rothbard’s ‘For a New Liberty’, the libertarian manifesto, which deals with everything that you have discussed and more. It is available free on Mises.org:

    http://www.mises.org/rothbard/newliberty.asp (the book)

    http://www.mises.org/rothbard/newliberty11.asp (a good chapter that addresses some of the particular concerns that you are bringing up)

    http://www.mises.org/rothbard/newliberty2.asp (this chapter will likely address some of the questions that you might have if you jump straight to chapter 11 [the link above])

    http://www.mises.org/media.aspx?action=category&ID;=87 (the [free] audio book — a great resource)

    The questions that you raise are far easier to pose than to answer. If you are looking for serious answers, these links are a great start to how how liberty works in practice. If you are only coming to the comments to raise your questions, but are otherwise unwilling to take some time and explore the matter, I would suggest re-thinking the motivations behind why you are posting here.

    Hope your inquiry into liberty goes well — it changed my life forever.

    cheers,
    Daniel

  • Published: December 14, 2006 9:32 AM

  • David White
  • Yes, libertarianism embodies beauty, goodness, and truth, as implied in what to me is the most elegant expression of the libertarian ideal:

    “Liberty is the mother, not the daughter, of order.” — Proudhon

    After all, every individual naturally seeks order in his life and indeed the more of it the better, meaning the HIGHER the better, as such order, being evolutionary in nature, builds not upon chaos but upon the order latent in it. And while natural evolution is built upon unconscious order (hence the geologic time necessary for its unfolding), human evolution is conscious in that it wills specific outcomes requiring specific actions. Indeed, this is what makes them HUMAN actions, precisely as Mises said, problems arising when those actions come under the control of a FEW humans, as this inevitably confounds the evolutionary process.

    And as we have no less than Vladimir Lenin to thank for making the distinction clear between free order and regimented order — “While the State exists there can be no freedom; when there is freedom there will be no State” — so does the libertarian understand that the state, being the embodiment of regimented order, is everywhere and always the enemy.

    And that would be my answer to Sam with regard to crime (aggression): That is, the more each individual is free to seek order in his life through conscious interaction — i.e., free and open exchange — with others, the less he will be inclined to short-circuit the process via aggression, and the less time society will then have to spend defending itself against such behavior.

    Conversely, as aggression is institutionalized via the state, the process of human evolution is accordingly thwarted, the irony being that while Marx assumed that regimented order would perfect human nature, it instead brought out the worst in it, to the point that where it was tried, the evolutionary process all but ground to a halt.

    And now? Billions of people in the East are now rising from the ashes of regimented order to engage in free (or at least far freer) order, even as the global imbalances that their regimentation generated conspire with the West’s own brand of regimentation (the regulatory “welfare” state) to create the conditions for its demise:

    http://www.energybulletin.net/23259.html

    As one who believes that this catastrophe is all but unavoidable, the only questions I now ask are (1) how am I and my loved ones to survive it? and (2) will free order — libertarianism — be given sufficient rein in the aftermath of the catastrophe for the evolutionary process to continue?

    I’ve got my ideas about the answer to the first question and am already putting some of them into effect.

    As for the second question, either we answer it in the affirmative, or I have serious doubts about the survival of our species.

  • Published: December 14, 2006 11:41 AM

  • RogerM
  • Sam,
    I don’t think you have to be an arnarchist to be a libertarian. Milton Friedman considered himself a libertarian and wasn’t even close to being anarchist. I’m not an arnarchist either and consider myself to be libertarian because I believe the government should be limited to maintaining law and order and national defense. Mises wasn’t an anarchist either and saw the state as necessary for those purposes.

    I don’t have concerns over the morality or legitimacy or anarchism, just practal concerns similar to what you have mentioned, while anarchists have ethical/legitimacy objections with government.

  • Published: December 14, 2006 11:41 AM

  • George Gaskell
  • Roger, I’m not going to try to convince you to become an anarchist right here in these comments, but you make it sound as though the disagreement that anarchists have with government (even as to courts and national defense) is simply ideological or theoretical.

    It’s not. My objection is praxeological. It’s grounded in reality — the quality of any product or service declines when government monopolizes it.

    Government courts and government militaries are inferior for achieving their stated purposes compared to non-aggressive, non-monopolistic alternatives. (They are, however, good at achieving their real purpose, which is to empower a small group of people at everyone else’s expense.)

    It’s important to mention is that anarchism is not simply a political agenda — it’s a set of scientific observations about natural laws of human interaction. In other words, anarchism already exists; it’s not something that needs to be implemented or argued into existence. It is the reality of our existence.

    This organization we call government is really just a bully that makes things worse for those whose lives it touches. It’s not really in charge, in a literal sense. Anarchy runs almost every aspect of our daily lives already.

    The fact that our courts are terrible means that people are avoiding them, right now. They are finding other ways to solve their problems, most of the time. That’s anarchism in practice.

    The effect of having a state declare a monopoly on criminal justice doesn’t mean that it actually gets a monopoly. It simply means that the unofficial, self-help means of resolving disputes end up being stigmatized and hidden, like drug use. They don’t go away.

  • Published: December 14, 2006 1:06 PM

  • Johan Nilsson
  • Vernon Smith can really express the beauty of markets and liberalism. It is a fantastic thing that man has been able to populate every part of the world, with the help of trade. He even thinks it is a law of nature he is witnessing in his laboratory when he is doing market experiments.

    One of his lectures here:
    http://www.fee.org/!UserFiles/events/VSmith_0905.mp3

  • Published: December 14, 2006 5:13 PM

  • Michael A. Clem
  • What I like about libertarianism is that it is simple, logical, and makes a lot of sense. When I first encountered it, a lot of ideas started coming together for me.

    And, in answer to Sam, libertarianism condemns the initiation of force, not the use of force in general. The beauty of libertarianism is that it distinguishes between the immoral use of force and the moral use of force. There’s nothing wrong with defensive force or appropriate retaliatory force, nor is there a need for a monopoly on the use of such force.

    Furthermore, I think the non-aggression principle leads naturally and logically towards anarchism instead of just minarchism, but it takes time to see that by studying the non-aggression principle and working out its full implications.

  • Published: December 14, 2006 7:37 PM

  • Björn Lundahl
  • “only laws that protect individuals from criminal behaviour (and I’m not talking about ‘religious crimes’ such homosexuality, abortion, divorce, etc.), such that people can about their business happily trading without constantly looking over their shoulder or spending large amounts of money into personal protection (which should be going into savings and investments).”

    Yes, true, in the US the state takes currently about 40% of people’s incomes and in Sweden a little more than 50%. “Protection” seems to be extremely expensive. There seems also to be a need for a protection from the state.

    However, there is no “should” here. If people would be protected from the state and wanted to hoard that money the state used to take or spend it on consumer products, are just as legitimate as well.

    Björn Lundahl
    Göteborg, Sweden

  • Published: December 15, 2006 1:59 AM

  • Björn Lundahl
  • One of the reasons for me being a libertarian is that libertarianism is reality, because, it is based upon true ethical and economical principles. I do not know of any other ideology which can deliver that. Other ideologies are based upon whims.

    Or as Hans-Hermann Hoppe puts it in his book “The Economics and Ethics of Private Property”, page 234 and 235:

    “In the present situation of a world-wide crisis of governmental legitimacy, of the collapse of East Bloc Socialism and enduring stagnation of the Western Welfare States, the chance for Austrian rationalism to fill the philosophical vacuum that has appeared with the retreat of positivism and to become the paradigm of the future is as good or better than ever. Now as before it requires moral courage as much as intellectual integrity to propound the Austrian social theory – the opposing statist battalions still represent a formidable majority and are in control of a far larger share of resources. Yet with the total breakdown of socialism and the concept of social ownership staring everyone in the face, the antithetical Austrian theory of private property, free markets and laissez faire cannot but gain attractiveness and win support. Austrians have reason to believe, then, that the time has come when they may succeed in bringing about a fundamental change in public opinion, by reclaiming ethics and economics from the hands of the positivists and the engineering powerful and restoring public recognition of private property rights and free markets based on such rights as ultimate, absolute principles of ethics and economics”.

    Björn Lundahl
    Göteborg, Sweden

  • Published: December 15, 2006 2:01 AM

  • ktibuk
  • Two problems with minarchy.

    Ethical. You cant legitimize “a little bit of theft” without legitimizing “theft” itself. Taxation is theft. Either there is theft or not. There is no middle ground, grey area.

    Practical. I am an anarchist hence I believe if I am taxed even very moderatly I believe it is theft, aggression against my property. Can I live with that? In practical terms I might. With little theft my incentive to rise up and repell a very small state would be low.

    However, we all know even the smallest states tend to get bigger. Look at the US. History of the US is a crushing blow to the minarchist ideals. Or utopia we might say.

  • Published: December 15, 2006 7:04 AM

  • RogerM
  • George:”It’s important to mention is that anarchism is not simply a political agenda — it’s a set of scientific observations about natural laws of human interaction. In other words, anarchism already exists; it’s not something that needs to be implemented or argued into existence. It is the reality of our existence.”

    You may be right, but so far anarchists haven’t demonstrated it. As I’ve argued elsewhere, anarchism is based on an arbitrary choice to make property the absolute standard for the measure of all things. And it’s still highly theoretical. I realize that anarchists don’t want their ideas tested against reality or history, regarding such intrusions as mere decoration. But testing assumptions and conclusions against history is nothing but a test of the validity of assumptions and a guard against unwarranted logical leaps. So far, anarchists has resorted to highly selective and sometimes distorted history in order to buttress their arguments.

  • Published: December 15, 2006 8:42 AM

  • George Gaskell
  • anarchism is based on an arbitrary choice to make property the absolute standard for the measure of all things

    A. It’s not arbitrary.
    B. If anything is the “absolute standard for the measure of all things” it’s liberty, of which property is merely a tangible expression.

    Property arises from liberty because there are only two ways of acquiring a property interest in something: voluntarily or involuntarily. Voluntary transactions are mutually beneficial, and thus they increase the wealth of both parties (i.e., positive sum).

    Every other type of transaction increases the wealth of one person at the expense of the other, and generally also entails a decrease in total wealth in the process (i.e., negative sum).

    Government is a mode of organization that exists for the sole and express purpose of engaging in involuntary transactions, either for its own benefit or that of its sponsors. It is therefore an instrument of wealth destruction.

    I realize that anarchists don’t want their ideas tested against reality or history, regarding such intrusions as mere decoration. But testing assumptions and conclusions against history is nothing but a test of the validity of assumptions and a guard against unwarranted logical leaps. So far, anarchists has resorted to highly selective and sometimes distorted history in order to buttress their arguments.

    Then your understanding is incorrect.

    There is a natural limit to the value of historical economic data — there is no such thing as a laboratory for economics.

    Economics is the study of complexity, of dynamism, or adaptive systems so complex that they cannot be comprehended in the whole. In the realm of observable goods and services, the level of complexity of the world economy is massive. It is essentially impossible to analyze the interaction of the price of every good or service on the planet, at any point in time. I do not mean that it is really hard. I mean that if every molecule in the universe were made to operate as a massive computer, it could not process the data necessary to account for all the interactions.

    As a result, economic phenomena cannot be reproduced. They cannot be modeled. Or, more accurately, the models can never fully describe reality. They can never prove what they seek to prove, not by a standard of rigorous proof.

    If you are talking about a less scientific form of history, (i.e., narrative history in the liberal arts, not the scientific analysis of historical economic data), then the Austrian School is extraordinarily illuminating.

    Here are a few historical topics that are explained by Austrian principles of economic liberty:

    – Why housing prices have grossly inflated over the last 20 years.

    – Why the price of college education has skyrocketed since WWII.

    – How the Great Depression followed the inflationary boom of the 1920s.

    – How WWI followed the founding of central government banks.

    – How the aggressive conquering of the American West and Indian genocide immediately followed the War to Prevent Southern Independence and its massive expansion of federal power.

    – How the tiny Dutch nation became, for a brief time, a world superpower.

    – How the economic independence of the Genovese and Venetian cities made them extremely rich and gave us the Renaissance.

    – How welfare (esp. military and gov’t pensions) caused the economic decline of Rome, and how monetary inflation destroyed it.

    The conventional, Statist explanations of these periods pales in comparison.

  • Published: December 15, 2006 9:56 AM

  • RogerM
  • George:”A. It’s not arbitrary.”

    Hoppe uses the implications of argumentation to derive self-ownership. So far so good. From that he derives the right to property. (Actually, I think he says that self-ownership implies pre-existing right to property.) Next he builds a code of conduct on property. However, self-ownership can imply other things in addition to property, such as the right to survival and rights of association.

    Hoppe and Rothbard use natural law in a different way than it was used for over a thousand years and this underscores the problem of delibarately changing definitions to words; it causes a lot of confusion and destroys the purpose of language, which is communication. Until Rothbard, natural law meant that body of thought that began with Thomas Aquinas and ended with Locke, though some same Adam Smith. It had specific premises/presuppositions based on the existence of God and mankind as God’s creation and children, used reason, and had the goal of determining what principles caused mankind to survive and prosper, the same as Mises’s utilitarianism. Rothbard/Hoppe use the term “natural law” to refer to law developed by reason based on their own premise–the absolute inviolability of property.

    Original natural law (now I have to add the word “original” in order to distinguish it from Rothbard/Hoppe’s version) tried to use reason derive those principles that cause mankind to survive and prosper. Rothbard/Hoppe’s natural law has the goal of preserving the absolute inviolability of property. Original natural law saw the state as necessary to survival and prospering, as did Mises. Rothbard/Hoppe’s version makes the state morally evil because of the absolute inviolability of property.

    “Here are a few historical topics that are explained by Austrian principles of economic liberty:”

    You should distinguish between Austrian history and anarchist history. Austrian history is real history, i.e., what actually happened. Anarchist history tends to be very selective and sometimes just plain wrong, possibly because anarchists see history as just decoration.

  • Published: December 15, 2006 12:08 PM

  • Björn Lundahl
  • RogerM “What distinguishes moral systems is the starting points, the premises and assumptions. Both Rothbard/Hoppe arrive at many of the conclusions already reached by natural law because natural law emphasized property. But natural law didn’t make property an absolute; it made the welfare of mankind the absolute, so it had room for the formation of governments.”

    “It made the welfare of mankind the absolute, so it had room for the formation of governments.”

    Björn Above statement is not a premise and an assumption because it doesn’t really say much. Anything can be derived from this “premise” and “assumption.” It is extremely vague and subjective and it cannot, therefore, be used to prove anything. Anything could be “concluded” as it is not derived from a fact.

    My above example of Hitler’s murdering of Jews or Rothbard’s example of murdering of redheads could be justified in the name that “it promoted the welfare of the people.”

    http://blog.mises.org/archives/005970.asp

    Björn Lundahl
    Göteborg, Sweden

  • Published: December 15, 2006 12:15 PM

  • Björn Lundahl
  • RogerM “Hoppe uses the implications of argumentation to derive self-ownership. So far so good. From that he derives the right to property. (Actually, I think he says that self-ownership implies pre-existing right to property.) Next he builds a code of conduct on property. However, self-ownership can imply other things in addition to property, such as the right to survival and rights of association.”

    Björn Without self-ownership, no debate could be made as we would not own ourselves and would not have the right to debate. But we are debating and this presupposes self-ownership. I want to add, that man and human life would not exist without any self-ownership; since any action would not be allowed.

    Without self-ownership, property rights does not exist either.

    A quote from Hoppe´s book The Ethics and Economics of Private Property:

    “Furthermore, it would be equally impossible to engage in argumentation and rely on the propositional force of one’s arguments if one were not allowed to own (exclusively control) other scarce means (besides one’s body and its standing room). If one did not have such a right, then we would all immediately perish and the problem of
    justifying rules – as well as any other human problem – would simply not exist. Hence, by virtue of the fact of being alive property rights to other things must be presupposed as valid, too. No one who is alive can possibly argue otherwise.”

    http://www.mises.org/etexts/hoppe5.pdf

    In other words, self-ownership and property rights are the very condition for life just as, for example, oxygen is.

    By being alive we cannot argue against the existence of oxygen.

    Analogically, by being alive, we cannot argue against self-ownership and property rights.

    Björn Lundahl
    Göteborg, Sweden

  • Published: December 15, 2006 1:14 PM

  • Björn Lundahl
  • The principle of utilitarianism is destructive.

    Utilitarianism means that all action should be directed toward achieving the greatest happiness for the greatest number of people. Intellectually the principle lets the door stand wide open for the use of physical violence and theft against people which happens to belong to the lesser number. If we grasp a state of things where the greatest happiness for the greatest number of people exists in using physical violence and theft everywhere and in all human situations and places (i.e. in the classroom, shop, street, airport, forest etc) against all those people that happened to belong to the lesser numbers, the human race would quickly perish.

    As we have seen, the principle of utilitarianism if followed by all groups of people in all places would lead to human destruction and this, therefore, proves that the principle is destructive. Any crime could be done in the name of utilitarianism such as murder, theft, rape, slavery etc. The lesser number of people would always be at the mercy of the greatest number.

    Private groups of people in society are therefore, naturally, not allowed to commit crimes in the name of utilitarianism.

    The state has a “legal right” to commit crimes and the state nearly, always does it in the name of utilitarianism.

    In the name of utilitarianism Hitler could have justified all the murdering of the Jews that he made. He probably, also, thought that he by doing those crimes achieved the greatest happiness for the greatest number of Germans.

    Let us not forget:

    http://video.google.com/videoplay?docid=-309490343652240839&q;=hitler+jews

    Or, alternatively, as Rothbard wrote in his book For a New Liberty:

    “Let us consider a stark example: Suppose a society which fervently considers all redheads to be agents of the Devil and therefore to be executed whenever found. Let us further assume that only a small number of redheads exist in any generation-so few as to be statistically insignificant. The utilitarian-libertarian might well reason: “While the murder of isolated redheads is deplorable, the executions are small in number; the vast majority of the public, as non-redheads, achieves enormous psychic satisfaction from the public execution of redheads. The social cost is negligible, the social, psychic benefit to the rest of society is great; therefore, it is right and proper for society to execute the redheads.” The natural-rights libertarian, overwhelmingly concerned as he is for the justice of the act, will react in horror and staunchly and unequivocally oppose the executions as totally unjustified murder and aggression upon nonaggressive persons. The consequence of stopping the murders—depriving the bulk of society of great psychic pleasure—would not influence such a libertarian, the “absolutist” libertarian, in the slightest. Dedicated to justice and to logical consistency, the natural-rights libertarian cheerfully admits to being “doctrinaire,” to being, in short, an unabashed follower of his own doctrines.”

    http://www.mises.org/rothbard/newliberty2.asp

    The right path to follow is instead:

    The Ethics of Liberty:

    Hesselberg continues:

    “But a social order is not possible unless man is able to conceive what it is, and what its advantages are, and also conceive those norms of conduct which are necessary to its establishment and preservation, namely, respect for another’s person and for his rightful possessions, which is the substance of justice. . . . But justice is the product of reason, not the passions. And justice is the necessary support of the social order; and the social order is necessary to man’s well-being and happiness. If this is so, the norms of justice must control and regulate the passions, and not vice versa.”

    http://www.mises.org/rothbard/ethics/two.asp

    Or in other words and in a more rigid form: “that no man or group of men may aggress against the person or property of anyone else”.

    I have written an essay about normative principles. Please go to:

    http://normativeprinciples.blogspot.com/2006/12/normative-principles-pure-free-market_10.html

    Björn Lundahl
    Göteborg, Sweden

  • Published: December 16, 2006 5:35 AM

  • Sam
  • I sticking with the Liberal notion of rights, that is, rights are only valid if they are capable of being enforced. Ideally and ethically the enforcement is consensus, every one peacefully agrees and all is well. But of course in a violent, choatic existence the back up enforcement is quite frankly, well, force.
  • Published: December 16, 2006 6:46 AM

  • RogerM
  • Bjorn:”My above example of Hitler’s murdering of Jews or Rothbard’s example of murdering of redheads could be justified in the name that “it promoted the welfare of the people.”

    Yes, it could, if original natural law didn’t have survival and the right to life as the foundations upon which to build welfare. On the other hand, Mises demonstrated that respect for life, law and order are necessary for prosperity.

    “In other words, self-ownership and property rights are the very condition for life just as, for example, oxygen is.”

    I agree. Property is a foundation of liberty. As Locke said, life, liberty and property!
    I think Hoppe’s defense of property is weak and easily dismissed by most people. Original natural law offers a much stronger foundation.

    “Utilitarianism means that all action should be directed toward achieving the greatest happiness for the greatest number of people.”

    That’s the definition I had always accepted, so that taking from the rich, for whom the marginal utility of a dollar is low, and giving to the poor, for whom the marginal utility is high, is the “ethical” thing to do, which is why I couldn’t believe Mises was utilitarian. But he seems to use the word in a different way. Today, I think Mises might say he was being practical instead of utilitarian, because he limited himself to showing what causes mankind to prosper, and that is life, liberty, and property.

    You might say Mises worked backwards from original natural law. He started with prosperity and derived the rights to life, liberty and property as necessary to prosperity. Original natural law begins with life, liberty and property and derives the principles necessary for prosperity within those limits.

    “Or in other words and in a more rigid form: “that no man or group of men may aggress against the person or property of anyone else”.

    This is the only place where I part company with Rothbard and Hoppe. If, as Mises argued, the state is necessary to maintain order, then the anarchist principle of absolute property rights can’t hold. That doesn’t mean that Mises and original natural law destroyed property. No one defends property more. But Rothbard and Hoppe weren’t satisfied with original natural law’s respect for property, they had to make property absolute, and in order to do so, they had to fabricate an entirely new ethical system with property, and only property, as the absolute. I can’t accept that and I don’t think many people will.

  • Published: December 16, 2006 7:15 AM

  • adi
  • RogerM, Mises wouldn’t support view that Utilitarianism means “greatest happiness for greatest number” since he and economist Franz Cuhel demonstrated that utility is not measurable: it’s relation of preferences or actions. So any welfare proposition which somehow makes us to compare wellfare of different agents is obviously flawed. It’s our view about wellfare of different agents not necessarily their own and in a way very arbitrary.

    It think that Mises thought that only liberal order can achieve survival of humanity in the future. Like he said that socialism would mean starvation for many and impoverishment for more.

  • Published: December 16, 2006 9:05 AM

  • Björn Lundahl
  • RogerM

    Björn: My above example of Hitler’s murdering of Jews or Rothbard’s example of murdering of redheads could be justified in the name that “it promoted the welfare of the people.”

    RogerM “Yes, it could, if original natural law didn’t have survival and the right to life as the foundations upon which to build welfare. On the other hand, Mises demonstrated that respect for life, law and order are necessary for prosperity.”

    Björn You should understand that it is not a logical necessity for a government to have the goal to increase prosperity to a maximum. It can, as I have shown, have different goals that violate individual rights. Utilitarianism is a logical fallacy.

    Björn In other words, self-ownership and property rights are the very condition for life just as, for example, oxygen is.

    RogerM “I agree. Property is a foundation of liberty. As Locke said, life, liberty and property!
    I think Hoppe’s defense of property is weak and easily dismissed by most people. Original natural law offers a much stronger foundation.”

    Björn I cannot think of a stronger foundation of ethics than the statement that “self-ownership and property rights are the very condition for life just as, for example, oxygen is.” It seems that Hoppe is brighter than those you are refereeing to (joke).

    I will post this again:

    RogerM “What distinguishes moral systems is the starting points, the premises and assumptions. Both Rothbard/Hoppe arrive at many of the conclusions already reached by natural law because natural law emphasized property. But natural law didn’t make property an absolute; it made the welfare of mankind the absolute, so it had room for the formation of governments.”

    “It made the welfare of mankind the absolute.”

    Björn Above statement is not a premise and an assumption because it doesn’t really say much. Anything can be derived from this “premise” and “assumption.” It is extremely vague and subjective and it cannot, therefore, be used to prove anything. Anything could be “concluded” as it is not derived from a fact.

    My above example of Hitler’s murdering of Jews or Rothbard’s example of murdering of redheads could be justified in the name that “it promoted the welfare of the people.”

    In other words, your statement that “It made the welfare of mankind the absolute” is, I am sorry to say, rather naive and a logical fallacy.

    I do not think you have analyzed Hoppe´s and Rothbard’s propositions at all. I will give you examples of that from your earlier posts:

    RogerM “Rothbard and Hoppe start with property as the absolute and build upon it.”

    Björn No, they start with the concept of self-ownership. That is the starting point. That is not arbitrary as self-ownership is presupposed in an argumentation like this and also, I want to add, in spelling out any ethical norms whatsoever. I can not think of anything more rational.

    RogerM “This is where Rothbard goes wrong. Morality/ethics, like natural law, cannot be created by mankind, it must be discovered. Otherwise, like positive law, it becomes just another opinion.”

    Björn Who said that an objective ethics can be created? Not Rothbard. The word “establish” is not the same as the word “create”. Don’t you think that Rothbard was very aware of the fact that an objective ethics must be discovered and not created?

    Well, I will post Rothbard´s quote again:

    The Ethics of Liberty:

    “IF, THEN, THE NATURAL law is discovered by reason from “the basic inclinations of human nature . . . absolute, immutable, and of universal validity for all times and places,” it follows that the natural law provides an objective set of ethical norms by which to gauge human actions at any time or place”.

    Please, notice the word “discovered”.

    http://blog.mises.org/archives/005970.asp

    Please, at least try to be honest.

    Björn Lundahl
    Göteborg, Sweden

  • Published: December 16, 2006 9:53 AM

  • RogerM
  • Björn “No, they start with the concept of self-ownership. That is the starting point. That is not arbitrary as self-ownership is presupposed in an argumentation like this and also, I want to add, in spelling out any ethical norms whatsoever. I can not think of anything more rational.”

    Yes, I agree, both Mises, and original natural law agree with Hoppe on this. I focus on the next step in Hoppe’s reasoning because that’s where origional natural law and Hoppe diverge. The next step in Hoppe’s “ethics” is founded on property as an absolute, even though property is founded on self-ownership.

    So while self-ownership in not arbitrary, Hoppe’s decision to focus on property as if it were the only possible implication of self-ownership is the arbitrary part. While self-ownership does imply property, it also implies other things, such as survival, or the right to life.

    Rothbard saw the weakness in Mises practical approach to economics as the lack of a moral argument. I tend to agree because socialists often responded to the practical argument (capitalism works better than socialism) by taking what they considered to be the moral high ground. So Rothbard decided to attack that argument with another moral argument. But instead of reviving the sound principles of original natural law, he and Hoppe decided to create their own version and base it on property.

    “IF, THEN, THE NATURAL law is discovered by reason from “the basic inclinations of human nature . . . absolute, immutable, and of universal validity for all times and places,” it follows that the natural law provides an objective set of ethical norms by which to gauge human actions at any time or place”.

    However, as I’ve written before, if the use of reason is all that’s required to have natural law, then all ethical systems from socialism, to radical Islam are natural law, too, because they all use reason to establish their principles. What distinguishes the systems is not the use of reason, but the starting points, the premises. Rothbard and Hoppe think that the use of reason makes their system natural law, but it doesn’t, because by changing their starting point from property alone to property plus survival, the same reasoning process arrives at different conclusions, one allowing for the state, the other opposing it.

    Original natural law was discovered by reason from the basic inclinations of human nature (absolute, immutable, and of universal validity for all times and places),too, just as Hoppe claims for his ethics. As a result, original natural law “provides an objective set of ethical norms by which to gauge human actions at any time or place”, too, as Hoppe claims for his system.

    So if Rothbard and Hoppe’s claims for their “ethics” is strong, those for original natural are even stronger. The only difference between the two is the insistence on Hoppe’s part that property is the only right that can be derived from self-ownership, while original natural law adds survival and prosperity. Original natural law allows for the existence of the state as well as for anarchy, the choice being determined by which causes mankind to prosper best. Rothbard/Hoppe allow only for anarchy and make the state evil, even if it could be shown, as Mises does, that mankind will prosper more under a proper state than under anarchy.

    I am trying to be honest. The problem in our communcations lies in the different definitions for words. That’s why I hammer on the idea of using words in the commonly accepted meaning. It enhances communications significantly. It’s also why I get angry with anarchists when I think they’re inventing a new definition for a word. For example, this conversation would be considerably easier if Rothbard and Hoppe hadn’t labeled their system as natural law, which it isn’t.

    When I wrote that natural law must be discovered, not created, I meant that it must be discovered using reason and starting from a sound foundation. Original natural law did that by beginning with God and assuming that God intended his creation to survive and prosper. Original natural law saw God as the necessary starting point because only God has authority over mankind.

    I claimed that Rothbard/Hoppe’s system was fabricated because they didn’t begin with God, but with man, who has no authority over mankind. They created, or fabricated a new system because they changed the starting point. A false starting point caused them to arrive at false conclusions about the state. That’s what is fabricated.

  • Published: December 16, 2006 11:38 AM

  • Björn Lundahl
  • RogerM

    RogerM “However, as I’ve written before, if the use of reason is all that’s required to have natural law, then all ethical systems from socialism, to radical Islam are natural law, too.”

    Björn.

    Ethics of liberty:

    IF, THEN, THE NATURAL law is discovered by reason from “the basic inclinations of human nature . . . absolute, immutable, and of universal validity for all times and places,” it follows that the natural law provides an objective set of ethical norms by which to gauge human actions at any time or place”.

    Another misinterpretation, because reason is only one of the requirements.

    Notice: “from the basic inclinations of Human nature… absolute, immutable, and of universal validity for all times and places”.

    Socialism, radical Islam etc does not fulfil the requirements of being natural law.

    RogerM “I claimed that Rothbard/Hoppe’s system was fabricated because they didn’t begin with God.”

    Björn If you want to defend a rational ethic and to be “scientific”, you should not mix that purpose with religion.

    It is nothing wrong in being religious, but to have “God” as a starting point as a defence of a rational ethic is irrational. You must understand that God’s existence is not at all rationally proved.

    It would really be a fabrication to have “God” as a starting point in a rational ethical system.

    Why not leave out all the “arguments” and instead only refer to the bible?

    So here we can reach a conclusion. What, really bothers you is that Rothbard and Hoppe left out “God” as the starting point in their ethical system.

    Well, you should accept that as religion is not the topic, rational ethics is (between you and me).

    As I have said, the foundation of a rational ethic cannot either be satisfied with a starting point such as “the welfare of mankind”.
    It is vague, subjective and completely nonsense. Anything could be “derived from that nonsense.” Nothing could be proved! That is the point!

    To argue that Rothbard and Hoppe are wrong because their starting point in their ethical system started with the concept of self-ownership and not with “God” or “the welfare of mankind” is really too much. Is this a joke or what?

    When this sort of situation occurs, I will tell you this. If you want to have fun, try incrediMail, it is really funny. When you receive a mail, an old-fashioned butler will appear on your desktop screen and inform you that “you have a mail sir”. It is also free!

    http://www.incredimail.com/english/splash/splash.asp

    You can combine IncrediMail with a free anti spam filter named “Cactus Spam Filter”, because spam is not that funny:

    http://www.download.com/Cactus-Spam-Filter/3000-2382_4-10545523.html?tag=lst-0-1

    Björn Lundahl
    Göteborg, Sweden

  • Published: December 16, 2006 1:43 PM

  • Björn Lundahl
  • Adi

    “Mises wouldn’t support view that Utilitarianism means “greatest happiness for greatest number” since he and economist Franz Cuhel demonstrated that utility is not measurable: it’s relation of preferences or actions. So any welfare proposition which somehow makes us to compare wellfare of different agents is obviously flawed. It’s our view about wellfare of different agents not necessarily their own and in a way very arbitrary.
    It think that Mises thought that only liberal order can achieve survival of humanity in the future. Like he said that socialism would mean starvation for many and impoverishment for more”.

    Björn Actually he did support the view that utilitarianism means “greatest happiness for greatest number” and your point is, therefore, well grounded. Rothbard criticized him for the same thing.

    Human Action:

    “But the teachings of utilitarian philosophy and classical economics have nothing at all to do with the doctrine of natural right. With them the only point that matters is social utility. They recommend popular government, private property, tolerance, and freedom not because they are natural and just, but because they are beneficial. The core of Ricardo’s philosophy is the demonstration that social cooperation and division of labor between men who are in every regard superior and more efficient and men who are in every regard inferior and less efficient is beneficial to both groups. Bentham, the radical, shouted: “Natural rights is simple nonsense: natural and imprescriptible rights, rhetorical nonsense.” [10] With him “the sole object of government ought to be the greatest happiness of the greatest possible number of the community.” [11] Accordingly, in investigating what ought to be right he does not care about preconceived ideas concerning God’s or nature’s plans and intentions, forever hidden to mortal men; he is intent upon discovering what best serves the promotion of human welfare and happiness. Malthus showed that nature in limiting the means of subsistence does not accord to any living being a right of existence, and that by indulging heedlessly in the natural impulse of proliferation man would never have risen above the verge of starvation. He contended that human civilization and well-being could develop only to the extent that man learned to rein his sexual appetites by moral restraint. The Utilitarians do not combat arbitrary government and privileges because they are against natural law but because they are detrimental to prosperity. They recommend equality under the civil law not because men are equal but because such a policy is beneficial to the commonweal. In rejecting the illusory notions of natural law and human equality modern biology only repeated what the utilitarian champions of liberalism and democracy long before had taught in a much more persuasive way. It is obvious that no biological doctrine can ever invalidate what utilitarian philosophy says about the social utility of democratic government, private property, freedom, and equality under the law.”

    http://www.mises.org/humanaction/chap8sec8.asp#p175

    The Ethics of Liberty:

    “for the economist is supposed to be only a praxeologist, a technician, pointing out to his readers or listeners that they will all consider a policy “bad” once he reveals its full consequences. But ingenious as it is, the attempt completely fails. For how does Mises know what the advocates of the particular policy consider desirable? How does he know what their value-scales are now or what they will be when the consequences of the measure appear? One of the great contributions of praxeologic economics is that the economist realizes that he doesn’t know what anyone’s value scales are except as those value preferences are demonstrated by a person’s concrete action. Mises himself emphasized that:

    “one must not forget that the scale of values or wants manifests itself only in the reality of action. These scales have no independent existence apart from the actual behavior of individuals. The only source from which our knowledge concerning these scales is derived is the observation of a man’s actions. Every action is always in perfect agreement with the scale of values or wants because these scales are nothing but an instrument for the interpretation of a man’s acting.”

    Given Mises’s own analysis, then, how can the economist know what the motives for advocating various policies really are, or how people will regard the consequences of these policies?”

    http://www.mises.org/rothbard/ethics/twentysix.asp

    Björn Lundahl
    Göteborg, Sweden

  • Published: December 16, 2006 3:52 PM

  • Michael A. Clem
  • I sticking with the Liberal notion of rights, that is, rights are only valid if they are capable of being enforced. Ideally and ethically the enforcement is consensus, every one peacefully agrees and all is well. But of course in a violent, choatic existence the back up enforcement is quite frankly, well, force.

    Lots of rules can be “enforced”, whether they coincide with individual rights or not. Naturally, rights need to be protected to have a reasonable, worthwhile society. However, a reasonable conception of rights helps to create the consensus you ask for, so that law-enforcement actually does coincide with rights.

    Furthermore, the appropriate use of defensive and retaliatory force doesn’t require a monopoly on the use of force. And enforcement that coincides with rights will be easier and more cost-effective than enforcement of privileges.

    And last, but not least, we’ve tried to make it clear that anarchism does not equal chaos. Given the above points, there’s little reason to assume that an anarchist society would be violent and chaotic. You’re the one who keeps making that assumption.

    I’m all for trying to limit government to “merely” rights protection. By all means, let’s try to keep Dubya and his ilk (most politicians) in line. But then let’s go beyond that and understand why it’s so difficult to keep them in line (it’s because they have a monopoly on the use of force) and what it *really* takes to have law-enforcement that coincides with rights (remove the monopoly). A “privileged” system will never adequately protect rights.

  • Published: December 16, 2006 4:16 PM

  • RogerM
  • Bjorn:”but to have “God” as a starting point as a defence of a rational ethic is irrational. You must understand that God’s existence is not at all rationally proved.”

    Nietche, Camus, Sartre and many other great philosphers have concluded that without God, real morals can’t exist, because only God has authority over mankind. I object to Rothbard and Hoppe claiming to have created an ethical system without God because that’s impossible. Even Locke held to that view. I suppose you think they were all irrational, too.

    How do modern “ethicists” get around the problem of morals without God? They don’t. They just ignore it, as Rothbard and Hoppe do.

    Besides, belief in God is not irrational; atheism is irrational and unscientific. Read the recent book “The Language of God: A Scientist Presents Evidence for Belief” By Francis S. Collins, the head of the human genome project, who is a devout believer. Check out the writings of C.S. Lewis and Francis Schafer you’ll see why atheism is irrational.

    But the main reason I object to Hoppe and Rothbard’s pretend ethics is their arbitrary choice of property as the absolute when other rights can be derived from self-ownership that are just as important as property.

    “Socialism, radical Islam etc does not fulfil the requirements of being natural law.”

    They certainly do, if the only requirement is to use reason, as Hoppe and Rothbard seem to think.

    “As I have said, the foundation of a rational ethic cannot either be satisfied with a starting point such as “the welfare of mankind”.
    It is vague, subjective and completely nonsense. Anything could be “derived from that nonsense.” Nothing could be proved! That is the point!”

    That’s odd! Everyone from St. Thomas to Locke thought they could do it. So do C.S. Lewis, Francis Schafer and many other contemporary philosophers. Besides, I never claimed that “the welfare of mankind” was the only starting point. Re-read my posts and you’ll find others.

  • Published: December 16, 2006 4:18 PM

  • Peter
  • Roger: so how do you respond to Grotius’s idea that natural law would be the same even if no god existed, if natural law requires a god as a starting point? In any case, this whole “no morality without god” thing you keep harping about is utter, and patent, nonsense.

    http://www.atheists.org/Atheism/cohen.html

    http://falcon.tamucc.edu/~sencerz/Morality_Without_God.htm

    Besides, belief in God is not irrational; atheism is irrational and unscientific. Read the recent book “The Language of God: A Scientist Presents Evidence for Belief” By Francis S. Collins, the head of the human genome project, who is a devout believer. Check out the writings of C.S. Lewis and Francis Schafer you’ll see why atheism is irrational.

    There are any number of books about what theism is irrational nonsense, too. Or why Christianity is wrong and Hinduism is right. Or whatever. So what? Merely writing a book doesn’t make the content correct.

  • Published: December 16, 2006 7:18 PM

  • RogerM
  • Peter:”so how do you respond to Grotius’s idea that natural law would be the same even if no god existed, if natural law requires a god as a starting point?”

    Almost all natural law writers after Grotius disagreed, for the reason that without God, no authority over man exists. You can derive ideas from human nature all day long, but none of them have any authority. They’re just musings.

    “There are any number of books about what theism is irrational nonsense, too.”

    Yes, there are quite a few. But I’ve found that Christians read both sides of the issue and can discuss them well. I’ve never read, nor met, an atheist who has read any of the great Christian books in favor of God.

    Have you read Dostoevsky, Nietche, Sartre or Camus? What do you think of their arguments that real morals can’t exist without God? I’m not saying that people won’t act morally; atheists usually act morally. The argument of the great philosphers above is that atheists are acting irrationally when they behave morally.

  • Published: December 16, 2006 7:49 PM

  • Björn Lundahl
  • RogerM

    Björn “Socialism, radical Islam etc does not fulfil the requirements of being natural law.”

    RogerM. They certainly do, if the only requirement is to use reason, as Hoppe and Rothbard seem to think.

    Björn I have pointed out for you before that Hoppe does not defend natural law. It is Rothbard that does that. Well, how can you assume that a great man as Rothbard thought that the only requirement that exist in defining natural law is the use of reason? It is really absurd to believe that. It also proves that you have not studied The Ethics of Liberty.

    You seem to never learn. I will try again. I have posted several times this:

    The Ethics of Liberty:

    “IF, THEN, THE NATURAL law is discovered by reason from “the basic inclinations of human nature . . . absolute, immutable, and of universal validity for all times and places,” it follows that the natural law provides an objective set of ethical norms by which to gauge human actions at any time or place”.

    Please notice that Rothbard wrote: “the basic inclinations of human nature . . . absolute, immutable, and of universal validity for all times and places.”

    This is meant to inform the reader that the use of reason is not enough in discovering natural law. The requirement is also that natural law is founded on “the basic inclinations of human nature, absolute, immutable, and of universal validity for all times and places.”

    When you read a sentence you must read the whole sentence and not only a part of it. Are you able to grasp this or are you going to write again “that Rothbard only thought that the use of reason was enough to discover natural law”. Are you going to be dishonest again? Because it is you that are dishonest and not Rothbard and Hoppe.

    In the book Ethics of Liberty, Rothbard explains in several chapters the criteria for natural law:

    PART I: INTRODUCTION: NATURAL LAW

    1. Natural Law and Reason (p. 3)
    2. Natural Law as “Science” (p. 9)
    3. Natural Law versus Positive Law (p. 17)
    4. Natural Law and Natural Rights (p. 21)
    5. The Task of Political Philosophy (p. 25)

    You should really study those before you criticise. You will probably write that you already have, but then, study the chapters again as you obviously have done a lot of misinterpretations.

    I will not argue with you about the existence of a God or not. I am not against religion, but I do not think that, for example, the police try to stop murders and thieves because they believe in the existence of a God. The reason for that murdering and thievery are battled against is because of the fact that those acts are destructive actions i.e. they are antisocial actions. That is also the reason for the fact that they are being condemned by society.

    The Ethics of Liberty:

    The Jesuit Suarez pointed out that many Scholastics had taken the position that the natural law of ethics, the law of what is good and bad for man, does not depend upon God’s will. Indeed, some of the Scholastics had gone so far as to say that: even though God did not exist, or did not make use of His reason, or did not judge rightly of things, if there is in man such a dictate of right reason to guide him, it would have had the same nature of law as it now has.[5]

    Or, as a modem Thomist philosopher declares:

    If the word “natural” means anything at all, it refers to the nature of a man, and when used with “law,” “natural” must refer to an ordering that is manifested in the inclinations of a man’s nature and to nothing else. Hence, taken in itself, there is nothing religious or theological in the “Natural Law” of Aquinas.[6]

    Dutch Protestant jurist Hugo Grotius declared, in his De Iure Belli ac Pacis (1625):

    What we have been saying would have a degree of validity even if we should concede that which cannot be conceded without the utmost wickedness, that there is no God.

    And again:

    Measureless as is the power of God, nevertheless it can be said that there are certain things over which that power does not extend. . . . Just as even God cannot cause that two times two should not make four, so He cannot cause that which is intrinsically evil be not evil.[7]

    D’Entrèves concludes that:

    [Grotius’s] definition of natural law has nothing revolutionary. When he maintains that natural law is that body of rules which Man is able to discover by the use of his reason, he does nothing but restate the Scholastic notion of a rational foundation of ethics. Indeed, his aim is rather to restore that notion which had been shaken by the extreme Augustinianism of certain Protestant currents of thought. When he declares that these rules are valid in themselves, independently of the fact that God willed them, he repeats an assertion which had already been made by some of the schoolmen.[8]

    Grotius’s aim, d’Entrèves adds, “was to construct a system of laws which would carry conviction in an age in which theological controversy was gradually losing the power to do so.” Grotius and his juristic successors—Pufendorf, Burlamaqui, and Vattel—proceeded to elaborate this independent body of natural laws in a purely secular context, in accordance with their own particular interests, which were not, in contrast to the Schoolmen, primarily theological.[9] Indeed, even the eighteenth-century rationalists, in many ways dedicated enemies of the Scholastics, were profoundly influenced in their very rationalism by the Scholastic tradition.[10]

    Thus, let there be no mistake: in the Thomistic tradition, natural law is ethical as well as physical law; and the instrument by which man apprehends such law is his reason-not faith, or intuition, or grace, revelation, or anything else.[11] In the contemporary atmosphere of sharp dichotomy between natural law and reason—and especially amid the irrationalist sentiments of “conservative” thought—this cannot be underscored too often. Hence, St. Thomas Aquinas, in the words of the eminent historian of philosophy Father Copleston, “emphasized the place and function of reason in moral conduct. He [Aquinas] shared with Aristotle the view that it is the possession of reason which distinguished man from the animals” and which “enables him to act deliberately in view of the consciously apprehended end and raises him above the level of purely instinctive behavior.”[12]

    Aquinas, then, realized that men always act purposively, but also went beyond this to argue that ends can also be apprehended by reason as either objectively good or bad for man. For Aquinas, then, in the words of Copleston, “there is therefore room for the concept of ‘right reason,’ reason directing man’s acts to the attainment of the objective good for man.” Moral conduct is therefore conduct in accord with right reason: “If it is said that moral conduct is rational conduct, what is meant is that it is conduct in accordance with right reason, reason apprehending the objective good for man and dictating the means to its attainment.”[13]

    http://www.mises.org/rothbard/ethics/one.asp

    I think that you should study the works of Rothbard and Hoppe before you criticise them. The only thing you have proved is that your ideas are based on logical fallacies and misinterpretations. I have written all this so the honest reader can have a choice in deciding which ideas are objective and true. You have, actually, only answered in a way that I have expected from you in the very beginning of our debate when I wrote:

    “I think that both Rothbard and Hoppe have rationally justified a libertarian ethic and I do not want to start a debate why this is so and why that statement you have made is wrong etc. Actually it would be a waste of time as you would not accept their justifications anyway and as I would still claim that they are true. If you, for example, “argue” that you do not exist and I would claim that you do etc, and you still go on “arguing” that you do not, it would also be a waste of time. That is how I would feel about debating already proved true ethical principles. I have also referred to valid writings in my above post”.

    http://blog.mises.org/archives/005970.asp

    Björn Lundahl
    Göteborg, Sweden

  • Published: December 16, 2006 7:51 PM

  • RogerM
  • Bjorn:”Are you able to grasp this or are you going to write again “that Rothbard only thought that the use of reason was enough to discover natural law”. Are you going to be dishonest again? Because it is you that are dishonest and not Rothbard and Hoppe.”

    You’re so typical of anarchists. When you can’t defend your arguments with calm reason, you resort to insults.

    The essential issue is whether the state is a legit institution. When Rothbard determines it is not, he has departed from the original body of natural law. It’s that simple. Original natural law determined that the state was necessary, as did Mises. So whatever Rothbard calls his musings about the state, they’re not natural law!

    Yes, Grotius did not think belief in God was necessary for the development of natural law, even though he was a devout believer, a great theologian, and wrote commentaries on the Bible. Natural law writers after him disagreed for reasons I’ve given above.

    Rothbard and Hoppe clearly disagree with all true natural law writers and most libertarian writers, even Mises, on the legitimacy of the state. Why do you think that reasonable men disagree on such issues?

  • Published: December 16, 2006 8:17 PM

  • Björn Lundahl
  • Peter

    Well said! RogerM is not aware of all the fallacies he has written. Take, for instance, “that without God, no authority over man exists”.
    What authority is he referring to? If God rules the world and we are only helpless subjects, why argue and defend Christianity. There would be no need for it. If he, alternatively, mean that what is needed is that humans follow a Christian ethic for it being a powerful one, well, what about the authority of God? It seems that any ethic, rational as well as irrational, must be obeyed by a great number of people to have a powerful influence in society.

    A libertarian ethic has “the authority” that it condemns destructive actions and is the very foundation of civilizations. It actually delivers a lot of “goodies”.

    Björn Lundahl

  • Published: December 16, 2006 8:32 PM

  • RogerM
  • Bjorn: “RogerM is not aware of all the fallacies he has written.”

    Had you pointed some out, I would have addressed them. So far I’ve seen little but insults, distortions and misunderstandings.

    Bjorn:”If God rules the world and we are only helpless subjects, why argue and defend Christianity. There would be no need for it. If he, alternatively, mean that what is needed is that humans follow a Christian ethic for it being a powerful one, well, what about the authority of God?”

    What’s so hard to understand about authority? I’ll try to make it as simple as possible for you. Take the example of a family. The children instinctively understand that they have no authority over each other. Only the parents can tell the children what to do. In natural law, God is the parent; mankind are the children. No man has the authority to tell another one what to do.

    Without God, mankind can, and has, used reason to discover a wide variety of so-called moral arguments. Just notice the many arguements among anarchists over the minutae of an anarchist society. But no matter how well reasoned, all ethical systems developed without God are nothing more than one man’s opinion over another’s. And reasonable people can disagree. So if someone violates a man-made (excuse me, man-discovered) rule, all anyone can claim is that such a person is unreasonable under that particular system. No one has the authority to punish a violator. Godless systems of ethics are no more than housing covenants in which violators must move.

  • Published: December 16, 2006 9:47 PM

  • Sam
  • After reading Rothbard’s view about natural rights, freedoms, Statism, etc. (from the link Björn Lundahl provided), only reinforces my view that for anyone to have any rights, possessions or freedoms they must be able to defend them from the thieves of the world.

    The very fact that Libertarians thinkers are for pro-weapon ownership means they fully understand that with greater self-rule requires greater personal self-defence.

  • Published: December 16, 2006 10:45 PM

  • Dewaine
  • The very fact that Libertarians thinkers are for pro-weapon ownership means they fully understand that with greater self-rule requires greater personal self-defence.
    Posted by: Sam at December 16, 2006 10:45 PM

    We would do well to resist the urge to group all libertarians together or assume them all to hold the same worldview and philosophical outlook. Some libertarians are averse to violence even in self defense.

    http://www.voluntaryist.com/action/vol_resistance.php

    http://www.voluntaryist.com/articles/027b.php

  • Published: December 16, 2006 11:56 PM

  • Björn Lundahl
  • The Austrian Economics Newsletter

    Austrians and the Private-Property Society
    An Interview with Hans-Hermann Hoppe

    AEN: In applying this a priori approach to ethics, were you attempting to supplant natural rights.

    HOPPE: No, not at all. I was attempting to make the first two chapters of Rothbard’s Ethics of Liberty stronger than they were*. That in turn would provide more weight to everything that followed. I had some dissatisfaction with rigor with which the initial ethical assumptions of libertarian political theory had been arrived at. Intuitively, they seemed plausible. But I could see that a slightly different approach might be stronger. Murray never considered my revisions to be a threat. His only concern was: does this ultimately make the case? Ultimately, he agreed that it did.

    AEN: Yet Mises attacks anarchism in no uncertain terms.

    HOPPE: His targets here are left-utopians. He attacks their theory that man is good enough not to need an organized defense against the enemies of civilization. But this is not what the private-property anarchist believes. Of course, murderers and thieves exist. There needs to be an institution that keeps these people at bay. Mises calls this institution government, while people who want no state at all point out that all essential defensive services can be better performed by firms in the market. We can call these firms government if we want to.

    AEN: What do you say to the critique that the private-property society as you describe it appears quite authoritarian?

    HOPPE: This is a left-egalitarian critique. They claim that authority should play no role in social life and that there should be no rank or position. But of course, there can be no society without structures of authority. In the family, there is always a hierarchy. In communities, there are always leaders. In firms, there are always managers.

    But in a market, none of these authorities have taxing power. Their rule depends entirely on voluntary consent and contact. But the state attempts to break down these competitive centers of authorities and establish a single authority overriding all others. If you don’t comply, the state cracks down.

    It is a ridiculous idea that we need the state to tell social authorities that they need to adhere to a uniform set of rules and obey a single master. Society does not need uniform modes of association. Market exchange makes social harmony possible even within the framework of radical diversity.

    Today’s so-called multiculturalists don’t see that there is a difference between having a globe with many different cultures and imposing that diversity on each point on the globe.

    It is a difference between a regime of private property and a statist regime where the rest of us merely obey. Ultimately, those are the only two systems from which we have to choose.

    http://www.mises.org/journals/aen/aen198.asp

    *Now I know Hoppe’s motive, before I guessed it.
    He has confirmed my speculation. Hoppe is really something!

    Björn Lundahl
    Göteborg, Sweden

  • Published: December 17, 2006 2:55 AM

  • Peter
  • But no matter how well reasoned, all ethical systems developed without God are nothing more than one man’s opinion over another’s.

    Well, the same thing holds for all ethical systems developed with God, then! False premises.

  • Published: December 17, 2006 3:14 AM

  • Björn Lundahl
  • Peter

    Very true indeed, If Roger’s “opinion” (man made) was correct any ethical system, Christian or not, logically true or not, would only be an illustration of “some people’s opinions”. The same “principle” “could” also be used to abandon all rational thoughts and sciences whatsoever. Every opinion is only derived from flesh and blood so to speak, so why should we listen to that? This would also mean that it is the nihilistic faith which is the true one. But nihilism is a contradiction in terms, but that doesn’t matter at all, since it is only my opinion.

    Björn Lundahl

  • Published: December 17, 2006 6:16 AM

  • David White
  • I believe in natural law insofar as law is natural man and is established insofar as it is commonly agreed upon (shared opinion). True, this is a function of reason, but reason must be viewed, as E.O. Wilson viewed it, in a sociological context, wherein “ethical precepts . . . are more likely to be products of the brain and the culture. From the consilient perspective of the natural sciences, they are no more than principles of the social contract hardened into rules and dictates — the behavioral codes that members of a society fervently wish others to follow and are themselves will to accept for the common good. Precepts are the extreme on a scale of agreements that range from casual assent, to public sentiment, to law, to that part of the canon considered sacred and unalterable.”

    Thus did virtually every culture the world over — including Confucianism, Judaism, Christianity, and Islam — come to embrace the “Ethic of Reciprocity,” otherwise known as the Golden Rule — http://en.wikipedia.org/wiki/Ethic_of_reciprocity.

    And as the Golden Rule, especially in its negative formulation, is fully in keeping with the non-aggression principle and thus the self-ownership from which liberty and property are derived, this is really the only law that human society has ever needed, never mind that the state has utterly corrupted the law via legal positivism — http://en.wikipedia.org/wiki/Legal_positivism — run amok. For to disengage law from morality is to turn law on its head, all the more so as one positive law is heaped upon another and another until there is no law at all. (Think the US tax code.)

    Thus, the only way to return to moral law is to return to the libertarian ethic, empowering the individual so as to reduce positive law, and thus the state, to the vanishing point.

    And how interesting, by the way, that Time’s Person of the Year is any person engaged in the “digital democracy” of using or creating content on the World Wide Web, as this is individual empowerment on a truly global scale.

    And no wonder, then, that the state is so afraid of it — http://www.lewrockwell.com/orig/garris3.html

  • Published: December 17, 2006 10:42 AM

  • Michael A. Clem
  • Whoops! Someone had to go and bring God into it. As a libertarian, I certainly believe that people can believe whatever they want as long as they are not initiating force or fraud against others. However, resorting to belief in an ultimate irrationality as an argument against men holding authority over other men not only seems illogical and unpersuasive, it rather misses the point.

    I’ve said this before, but it’s been quite a while. The difference between a conservative and a libertarian is that a conservative believes that someone, somewhere, *must* be the final authority on men’s actions. Libertarians, on the other hand, believe that there is no such final authority, although there may be plenty of not-so-final authorities.

    Any argument about the existence of God would only be relevant here if one can show that the existence of God has an impact whether one believes in it or not, that is, an impact beyond one’s belief or disbelief.

  • Published: December 17, 2006 10:46 AM

  • Skye Stewart
  • Objective law seems to be a myth. There is no magic solution that we can just give to government and they will somehow efficiently enforce it.

    Common Law which the american system use to be based upon is case-generated law. It is a decentralized, and depoliticized system in which those involved meet and negotiate. It was more horizontal, rather than vertical, or top down in nature. It evolved and worked well for hundreds of years until the modern state politicized, and monopolized it.

    Short, concise essays that deal with this subject nicely, are

    The Obviousness of Anarchy. by John Hasnas,
    http://www.mises.org/journals/scholar/hasnas.pdf

    The Myth of the Rule of Law, 1995 Wisconsin Law Review 199 (1995)
    http://faculty.msb.edu/hasnasj/GTWebSite/MythFinalDraft.pdf

    Also, listen to “Combining Objectiveness of Property Rights with Differentiation in Law” Simasius, Prague Conference on Political Economy, University of Economics, Prague and the Liberalni Institut

  • Published: December 17, 2006 10:54 AM

  • Björn Lundahl
  • David White and Michael A. Clem

    In Liberty We Trust.

    You are true freedom fighters. Good points!

    Björn Lundahl

  • Published: December 17, 2006 11:10 AM

  • David White
  • Thanks, Bjorn, and right back at you. Same for Michael, for if God exists (specifically, the all-powerful, all-knowing God of traditional theism), then as as the ultimate authority, it alone can be free, with all other beings subservient to it.

    One only has to imagine that one of us had such powers to know that this is true.

  • Published: December 17, 2006 1:06 PM

  • Michael A. Clem
  • Actually, Skye, I believe that a common or customary legal system would tend to converge with “natural rights” or objective law over time, although I don’t think I can adequately argue the point. But I agree that, even assuming that Objective law could be completely derived and written down, it would never work to simply pass the Objective Law book to government and expect them to enforce it properly.

    A common libertarian argument is that the means is not justified by the ends; an immoral means, in fact, makes it impossible to achieve a moral end. Thus, common or customary law is a moral means to achieve a moral end: objective law and the protection of natural rights.

    You might say that objective law is like an evenly-rotating economy (ERE): an ideal that the proper system (or means) is constantly trying to reach, and thus is always in flux to accommodate the constant change of circumstances.

  • Published: December 17, 2006 1:10 PM

  • Sione Vatu
  • The trouble with taking the line that God exists and is the authority on ethics/morality is that the assertion “God exists” is arbitary. There is no proof or verification. One may as well begin a philosophic system by alleging the existence of pixies at the bottom of the garden and proceed from there. Fundamentally religion is an evil in and of itself. It is anti-reason and hence anti-Man. The whole horror show of religion is an uncivilised barabarity. An insult to Man’s faculty of reason, hence unethical.

    It was for reasons of self-consistency and correspondence to reality I originally started to study the Libertarian schools of thought. A great strength of such is that one is able to derive and validate the arguments or principles independently of an authority. Nothing needs to be taken on faith. In the case of religion this is not allowed, hence must be evaded.

    When it comes down to it I prefer individualism to any form of coercive collectivism. Hence my interest in Libertarianism.

    Sione

  • Published: December 17, 2006 2:42 PM

  • David White
  • Sione:

    ” Nothing needs to be taken on faith.”

    Granted, the irony being that libertarianism is so intellectually satisfying that despite all the offenses against it, one gains a faith in the social enterprise, and thus in humanity itself, that is all but unshakable.

    At least it is for me, especially as I exercise my “Person of the Year” status via this powerful, freedom-fighting forum.

  • Published: December 17, 2006 3:18 PM

  • RogerM
  • One last thought before I bow out of this discussion: In my first post I wrote that Libertarianism is beautiful because it’s true and Truth is beautiful. But to discover Truth, one must become obsessed with Truth, and Truth alone. If one allows anything else, whether property or liberty, to take higher priority than Truth, then Truth suffers terribly.

    Obviously, a lot of libertarians have supplanted the love of Truth with a worship of property and/or liberty, and as a result have blinded themselves to the Truth.

    I didn’t invent the idea that morality is irrational without God. I learned it from the true natural rights writers, from Dostoevsky, and from great atheist philosophers such as Nietzsche, Sartre and Camus, and Christian writers like C.S. Lewis, Francis Schafer, and Mortimer Adler.

    I can’t do justice to their works with short posts like this, but those who continue to think they can develop moral systems without God should read the atheist philosophers mentioned above and try to understand why they came to the conclusion that morals without God are irrational. That conclusion wasn’t easy for them and they struggled with it for years. But at least with regard to the question of morals, they loved Truth more than anything.

  • Published: December 18, 2006 9:32 AM

  • rtr
  • Talking about God like it’s one’s pocket watch again? From the opening paragraph of Ch.3 in Human Action:

    Chapter III. Economics and the Revolt Against Reason
    1. The Revolt Against Reason

    “It is true that some philosophers were ready to overrate the power of human reason. They believed that man can discover by ratiocination the final causes of cosmic events, the inherent ends the prime mover aims at in creating the universe and determining the course of its evolution. They expatiated on the “Absolute” as if it were their pocket watch. They did not shrink from announcing eternal absolute values and from establishing moral codes unconditionally binding on all men.”

  • Published: December 18, 2006 10:03 AM

  • David White
  • RoberM:

    If morals are a product of reason as reflected in common experience over time — i.e., if they are sociological in nature, as E. O. Wilson surmises and as the evolutionary process as a whole would tend to support — then there would be nothing irrational about them.

    What, after all, is irrational about the most universal of all moral principles, the Golden Rule, and why is it not just as likely that it arose sociololgically rather than being embedded a priori in nature by an outside agent?

  • Published: December 18, 2006 11:50 AM

  • Reactionary
  • “What, after all, is irrational about the most universal of all moral principles, the Golden Rule,…?”

    Rationally, if you’re in a position to shield yourself from the reactions, then the Golden Rule is an unnecessary constraint on acquiring the objects of your desires.

  • Published: December 18, 2006 12:27 PM

  • George Gaskell
  • Obviously, a lot of libertarians have supplanted the love of Truth with a worship of property and/or liberty, and as a result have blinded themselves to the Truth.

    Oh, yes, please, do tell us what the Truth-with-a-capital-T is.

    I get this sort of thing all the time from the vile Left — that free-market proponents have made the market their God. Usually, they capitalize “market,” just as you have capitalized “truth,” just to emphasize the point, I guess, that it’s somehow different from regular markets and regular truth.

    What a colossal waste of time.

  • Published: December 18, 2006 1:05 PM

  • David White
  • Reactionary:

    Are you saying that if you can get away with doing unto others as you see fit that it would be rational to make it a universal norm of behavior? But of course, no society could function under such a premise, as it would be impossible for everyone to get away with doing unto others as they see fit.

    As the exact opposite is the case with the Golden Rule — i.e., everyone can function under it — it would be perfectly rational to make it a universal norm of behavior, which is why virtually every society worthy of the name has done so.

  • Published: December 18, 2006 1:16 PM

  • Reactionary
  • David,

    “Are you saying that if you can get away with doing unto others as you see fit that it would be rational to make it a universal norm of behavior?”

    No. I’m saying that rationally, if you can get away with violating the Golden Rule, then it’s nothing more than an unnecessary obstacle to achieving your desired ends.

  • Published: December 18, 2006 2:12 PM

  • adi
  • One can very well believe that respecting others rights is proper thing to do when they interact with you but be aggressive when one is in the position to take advantage of others without respecting their rights. This kind of man/woman is just a hypocrite, not necessarily one who has inconsistent theory of justice.

    Why I as an individual have to take some kind of norm as my greatest guiding principle if in sometime I’m in the position to (unfairly) take advantage. One may well believe that this Kantian principle is generally true but why bind yourself this way?

  • Published: December 18, 2006 2:51 PM

  • David White
  • Reactionary,

    Never mind that there’s no real difference between the above two statements, the point is that stealing from or otherwise doing unto others as you would not have them do unto you (which of course you wouldn’t) is utterly irrational so far as making this a universal norm of behavior, i.e., as the moral basis of society.

    Surely you aren’t arguing otherwise.

  • Published: December 18, 2006 2:53 PM

  • Reactionary
  • David,

    It is not “utterly irrational” because in fact, I can think of sufficient reasons to violate the Golden Rule, such as when I am in a position to shield myself from the consequences. Powerful and wealthy sectors of society in the US and elsewhere are based on these exceptions. You are trying to elevate reason into morality by its own bootstraps and it cannot be done.

  • Published: December 18, 2006 3:21 PM

  • David White
  • Reacionary:

    OK, so you’ve figureed out a way to literally get away with murder. What does this have to do with rational morality?

    As for “trying to elevate reason into morality by its own bootstraps,” I am doing no such thing. All I’m just saying is that the rationality of the Golden Rule (no matter how much the institutionalized aggression of the state has compromised it) is self-evident in that virtually all cultures the world over have embraced it. Why? Because it makes so much sense, which is just another way of saying it’s rational.

  • Published: December 18, 2006 3:44 PM

  • Larry N. Martin
  • Reactionary: it is rational for an individual, IF they can get away with it. Big if, there. However, it wouldn’t be rational at all to arrange all of society on such an idea. A thief wants most people to *not* be thieves, so that he can steal from others and not worry about others stealing from him. It’s a double standard that would never work on a society-wide scale, and only dubiuosly works at the individual level.
  • Published: December 18, 2006 4:14 PM

  • Björn Lundahl
  • Human Action:

    “Within the frame of social cooperation there can emerge between members of society feelings of sympathy and friendship and a sense of belonging together. These feelings are the source of man’s most delightful and most sublime experiences. They are the most precious adornment of life; they lift the animal species man to the heights of a really human existence. However, they are not, as some have asserted, the agents that have brought about social relationships. They are fruits of social cooperation, they thrive only within its frame; they did not precede the establishment of social relations and are not the seed from which they spring.

    The fundamental facts that brought about cooperation, society, and civilization and transformed the animal man into a human being are the facts that work performed under the division of labor is more productive than isolated work and that man’s reason is capable of recognizing this truth. But for these facts men would have forever remained deadly foes of one another, irreconcilable rivals in their endeavors to secure a portion of the scarce supply of means of sustenance provided by nature. Each man would have been forced to view all other men as his enemies; his craving for the satisfaction of his own appetites would have brought him into an implacable conflict with all his neighbors. No sympathy could possibly develop under such a state of affairs.”

    http://www.mises.org/humanaction/chap8sec1.asp#p143

    “Man cannot have both the advantages derived from peaceful cooperation under the principle of the division of labor within society and the license of embarking upon conduct that is bound to disintegrate society. He must choose between the observance of certain rules that make life within society possible and the poverty and insecurity of the “dangerous life” in a state of perpetual warfare among independent individuals. This is no less rigid a law determining the outcome of all human action than are the laws of physics.”

    http://www.mises.org/humanaction/chap15sec6.asp#p280

    Ethics of Liberty:

    “For the assertion of human rights is not properly a simple emotive one; individuals possess rights not because we “feel” that they should, but because of a rational inquiry into the nature of man and the universe. In short, man has rights because they are natural rights. They are grounded in the nature of man: the individual man’s capacity for conscious choice, the necessity for him to use his mind and energy to adopt goals and values, to find out about the world, to pursue his ends in order to survive and prosper, his capacity and need to communicate and interact with other human beings and to participate in the division of labor. In short, man is a rational and social animal. No other animals or beings possess this ability to reason, to make conscious choices, to transform their environment in order to prosper, or to collaborate consciously in society and the division of labor.

    Thus, while natural rights, as we have been emphasizing, are absolute, there is one sense in which they are relative: they are relative to the species man. A rights-ethic for mankind is precisely that: for all men, regardless of race, creed, color or sex, but for the species man alone”

    http://www.mises.org/rothbard/ethics/twentyone.asp

    All organizations have a “code of conduct”. Even the mafia has it. It is the very foundation on which they last. It is an illusion to believe that this is not so.

    In a society there must, also, be a “code of conduct” i.e. a legal code. A society cannot function without those norms. As Mises and Rothbard have pointed out, without a society we loose, so the great question is not a lawless society as it cannot exist and is therefore an illusion, but rather the question which we are, therefore, bound to answer; which legal norms or principles are Just and true?

    Björn Lundahl
    Göteborg, Sweden

  • Published: December 18, 2006 5:40 PM

  • Björn Lundahl
  • The Ethics of Liberty:

    Hesselberg continues:

    “But a social order is not possible unless man is able to conceive what it is, and what its advantages are, and also conceive those norms of conduct which are necessary to its establishment and preservation, namely, respect for another’s person and for his rightful possessions, which is the substance of justice. . . . But justice is the product of reason, not the passions. And justice is the necessary support of the social order; and the social order is necessary to man’s well-being and happiness. If this is so, the norms of justice must control and regulate the passions, and not vice versa.”

    http://www.mises.org/rothbard/ethics/two.asp

    Björn Lundahl
    Göteborg, Sweden

  • Published: December 18, 2006 6:21 PM

  • David White
  • Bjorn,

    What can I possibly add, other than to say that libertarianism is as just as it is true, as true as it is good, as good as it is beautiful, and thus as close to ideal as the human species can aspire, with faith in the process, wherever it takes us.

  • Published: December 18, 2006 6:40 PM

  • Björn Lundahl
  • David

    Yes true, very true and that is a very nice way to say it! But just now I am angry at myself! I wrote “loose” when it should be “lose”. Well, I am a foreigner.

    Björn Lundahl

  • Published: December 18, 2006 7:01 PM

  • George Gaskell
  • Reactionary, you have confused praxeological reasoning with moral/ethical reasoning.

    To say that finding a practical way to get away with murder, or any other violation of another person’s rights, is praxeological. It may be rational, in the sense that you find a way to get what you want without some retributional behavior to follow.

    But it could never represent a form of moral or ethical reasoning (except, maybe, in a whacked-out system of ethical reasoning that no one’s ever heard of), and certainly not one grounded in reason.

  • Published: December 18, 2006 7:53 PM

  • David White
  • Bjorn,

    Whatever you are, you are not a foreigner to the freedom upon which the human endeavor depends. For it is the loss of freedom that makes us “loose.”

    And what I would give to speak your language as you speak mine (though I guess it’s about time I learned Spanish).

  • Published: December 18, 2006 8:00 PM

  • Björn Lundahl
  • David White

    Yes, the fight for liberty is an international struggle.

    A change in policy in the US would also influence the whole world.

    Take for instance the great influence which the quasi libertarian Milton Friedman had. He influenced Ronald Reagan and Margaret Thatcher and later on in time, the whole world.

    In Sweden we had some deregulations during the 90s.

    Sweden, 1990s:

    “Economic reforms were enacted, including voucher schools, liberalized markets for telecommunications and energy as well as the privatization of publicly owned companies, privatization of health care, contributing to liberalizing the Swedish economy. Arguably, the subsequent budget cut-backs with the Social Democrates, and after 1994, continued spending cuts by the Social Democratic governement, did more to reform the Swedish economy and the Swedish model, than Bildt’s governments programme as such.”

    http://www.answers.com/carl+bildt?gwp=11&ver;=2.0.1.458&method;=3

    Björn Lundahl

  • Published: December 19, 2006 2:14 AM

  • David White
  • Bjorn,

    What seems apparent to me, however, is that as the East has opened up its economies, the West overall has settled into the very fiat-fed welfarism against which Alan Greenspan, when he was a man of principle, so eloquently warned against — http://www.usagold.com/gildedopinion/Greenspan.html

    The result, when coupled with the US’s out-of-control warfare state, is a global financial system teetering on the brink, as centralized, fraction-reserve banking has doomed the world to pay the awful price for this, the most massive fraud in human history.

    And I fear that as a consequence of this and the immigration problem, the US is lurching headlong toward the creation of an EU-style superstate in the form of the already proposed North American Union under the auspices of the secretive but enormously powerful Council on Foreign Relations — http://www.cfr.org/publication/8102 — including replacement of the collapsing dollar with an euro-like “amero” — http://www.amerocurrency.com

    This will be a disaster for freedom, of course, but as our dance of death with China plays itself out — i.e., as this addict-pusher relationship inevitably ends amid a collapsing bond market — the US will seek to stave off a hyperinflationary depression by essentially naturalizing 90 million Mexicans in a desperate effort to replace the cheap labor from Asia, which will in turn have turned inward.

    Indeed, we can expect to see a globalization (make that “dollarization”) blowback in the form of regional trading blocs — European, Asian, North American, South American — that will then coalesce into the single-currency world state that has long been the banksters dream, with even more dire consequences for the cause of freedom.

    What can possibly counter this ugly and terrifying prospect?

    I look to Times’ “Person of the Year” — i.e., each and every one of us exercising our democratic rights through the digital dynamism of the World Wide Web, making it the most important issue we now face — http://www.lewrockwell.com/orig/garris3.html

  • Published: December 19, 2006 7:49 AM

  • Sam
  • To David White:

    What exactly is the big deal with a global unified marketplace? Wouldn’t the world using ‘Libertarian recommended’ pure gold currency be exactly the same thing? I would think that when the whole world becomes trade-interdependent then war would become impossible destructive to bother waging.

  • Published: December 19, 2006 7:55 AM

  • David White
  • Sam:

    There’s nothing at all wrong with “a global unified marketplace,” as long as it isn’t unified — i.e., corrupted — with fiat money, the question being how to transition out of the present system into a sound money system.

    Fortunately, that is a work in progress, based on this concept — http://www.cipe.org/publications/ert/e32/e32_2.pdf — empowered by a next-generation Web — http://www.kurzweilai.net/meme/frame.html?main=/articles/art0689.html — that will hopefully outpace the state’s attempts to control it.

  • Published: December 19, 2006 9:17 AM

  • Björn Lundahl
  • The Emperor’s New Clothes

    People are led to believe that trade restrictions between regions or countries “create jobs at home”, which they certainly do not. If people had the opposite belief that “free trade” between regions or countries “creates jobs at home”, that would also be an incorrect belief. Trade restrictions or free trade does not cause unemployment or cause employment in a region or country. Trade restrictions only lower the standard of living, hamper competition and restrict liberty. If for instance, the EU imposes tariffs on Chinese textiles, the Euro will appreciate against the Chinese Yuan (the value of the Euro will increase relatively to the Chinese Yuan). This depreciation (decrease in value) of the Chinese Yuan against the Euro, in this example, is caused by a smaller demand for Chinese textiles and therefore a smaller demand for Europeans to buy the Chinese Yuan. Because of this change in exchange rates, prices of goods from the EU to China will be generally higher and prices of goods from China will be generally lower (apart from textiles). As you can imagine, this will increase employment in the European textile sector, but decrease employment in other sectors. At the whole, unemployment will not change but trade between the regions will be lower. Specialization, competition and living standards in the EU region will be hampered. The tariffs will only serve special interest that is the textile manufacturers and their employees. Surely, we want our representatives to serve the common good and the common man and not special interests!

    Someone might complain that the Chinese are intervening in the exchange markets to keep their currency artificially low and that they are not letting market forces to appreciate their currency, and therefore my statement about free trade, in this case, is not applicable. Free trade, someone might think, is presupposed by freely fluctuating currencies with no Government intervention (also called clean floating exchange rates). Certainly I do not want Governments to intervene in exchange markets, but actually it is the Chinese that are in this case the losers and we are the winners. We should be glad that China is suppressing the rise of its currency, and the Chinese people should be mad about it. When market prices indicate that, for example, a project is unprofitable; investors naturally stop investing in such a project. Otherwise, factors of production such as land, capital, and labour would be wasted. Every government manipulation of market prices is a step toward economic breakdown and chaos. Land, capital, and labour that are invested in the exporting business in China because of a suppressed currency, have changed the economic structure in China and are mal investments, unprofitable for the nation to undertake, and we are getting something free. We don’t need to export anything to pay for this “extra importation of Chinese products”. To make my statement more obvious, we could consider that if the Chinese currency would be suppressed to no value at all (which would not be possible to realize), the Chinese would be working for nothing and we would get goods and services from China for free (which is, naturally unprofitable for China to undertake), then the market forces in the EU (if market forces would not be hindered by Governments) would reallocate land, capital and labour for other uses and to those fields which the Chinese are not able to compete (even if the Chinese were working and exporting to full capacity, that will not, by far, be enough to satisfy all our wants, in other words, their GNP is by far, too small). The increases in production which mentioned reallocation of recourses leads to are our extra bonus. We should applaud this and the Chinese people should revolt!

    If you want to know more about floating exchange rates, go to; http://www.hooverdigest.org/974/friedman.html

    Productivity and trade will flourish more intensively with one currency* than with several different currencies, and even with one currency, market forces will smoothen out any imbalances between regions, cities or countries. We do not worry, for example, about the balance of payments between London and Manchester, Berlin and Munich, Paris and Bordeaux or Stockholm and Göteborg etc. If, for example, London exports more to Manchester than Manchester exports to London, the demand for goods and services will be greater in London relatively to their supply, and also relatively to the situation in Manchester. Because of this, prices will go up in London and therefore will exports from London to Manchester contract, as well as, imports from Manchester to London will expand. This happens all the time and we do not even know about it and therefore do not worry about it. Governments do create problems all the time.

    If we really want increased competition, why not adopt free trade between nations. Why does the EU and the USA not follow that path? The reason is that they do not want increased competition.

    For an example, I quote from answers.com;

    “In the United States, the decade from the mid-1980s to the mid-1990s saw import quotas placed on textiles, agricultural products, automobiles, sugar, beef, bananas, and even underwear—among other things. In a single session of Congress in 1985, more than three hundred protectionist bills were introduced as U.S. industries began voicing concern over foreign competition”.
    Go to;
    http://www.answers.com/import+quotas?gwp=11&ver;=2.0.1.458&method;=3

    Only Governments can be so silly to reject great offers and bargains. Individuals doing the same thing would be considered mad.

    The essence with above statement is that Governments hinders competition, lower our standard of living, promote special interests and they make excuses for this with faulty theories and propaganda.

    Björn Lundahl
    Göteborg Sweden

    * A gold standard. See also “What Has Government Done to Our Money?” by Murray N. Rothbard.
    http://www.mises.org/money.asp

  • Published: December 19, 2006 1:59 PM

  • David White
  • Bjorn,

    Thanks for the all-important asterisk, since even a lone fiat currency would still by definition be credit-based and thus inherently inflationary, robbing the people accordingly, while there can be no inflation with a metal-backed, 100% reserve monetary system.

    And just as importantly, neither can there be mega-states built on the monetary fraud that is centralized, fractional-reserve banking.

  • Published: December 19, 2006 3:05 PM

  • Björn Lundahl
  • David White

    Yes, I agree with you on that too!

    I voted also against the EU. It is a mega-state.

    It is a silly thing to believe that you need a mega-state to promote trade. A mega-state has more power to regulate than a small state. Please, see my next post.

    Björn Lundahl

  • Published: December 19, 2006 4:13 PM

  • Björn Lundahl
  • The EU hinders companies to compete!

    When companies compete in separate markets, different competitive measures are often taken by companies in those markets. People in those markets, because of culture, values goods and services differently and are willing to pay for goods and services in accordance with those values. For instance, in Italy, people are very willing to buy cheap cars made by the Italian car manufacturer “Fiat”. Volkswagen, decided to sell their cars in Italy to Italians for lower prices. Volkswagen, thought, that these measures were needed in that market to compete effectively. People from Austria and Germany went to Italy in search for bargains “offered by Volkswagen”. Volkswagen dealers said no. Low prices are only offered to Italian customers! For these “crimes” The European Union’s High Court upheld a $110.5 million fine for Volkswagen. This happened in 1998. Now, Volkswagen and other companies must have same prices in all markets to all people, otherwise they risk to get heavily punished. In other words, if people are willing to cross borders in search for bargains, it is better for a company like Volkswagen, to raise its prices* in Italy and lose market share. Apart from Volkswagen, the Italians will suffer. Alternatively, they could have the same low prices in all markets, but that might not be profitable or even lead to bankruptcy. In the very end, competition is hindered! This is only an example of Government in action and what it actually does “to promote competition”.

    For more information about this case, go to;

    http://www.globalethics.org/newsline/members/issue.tmpl?articleid=09220316204320

    And to;

    http://news.bbc.co.uk/1/hi/business/821620.stm

    For some further information, go to;

    http://www.businessweek.com/magazine/content/02_19/b3782014.htm

    The flexibility of the market is needed.
    Different situations in diverse markets need different actions, but Government agencies are guided by rigid rules. Governments do not know how to run an economy, they lack the essential tools; the free market. The more Governments intervene in the economy, the more chaotic will the economy be. Governments decision making is relied upon whims by the electorate, markets, on the other hand, are relied upon prices of supply and demand; recourses are allocated to those ends which are valued most highly by consumers. When mentioned destructive actions bloom, like in the former Soviet Union, the “destructiveness is revealed”. In the case I have mentioned, consumers have not gained anything if Volkswagen raised their prices in Italy because of this verdict. Rigid rules can lead to situations like that. Governments do not know the different circumstances that exist in diverse markets, to apply the same rigid rules in all markets do not gain anybody.

    For example, in Sweden car manufacturers guarantee car bodies against corrosion for 6-12 years. Swedish consumers demand this, probably because of our climate. I do not actually know, but I do not think that the same manufacturers offer the same guarantees all over the world.

    Naturally, weak companies that do not serve the consumers well will try out every possible way to use those laws to protect them against competition. As the anti trust authorities do not, as mentioned, know all different circumstances, their verdicts will probably be wrong.

    If we really want increased competition, why not adopt free trade between nations. Why does the EU and the USA not follow that path? The reason is that they do not want increased competition.

    For an example, I quote from answers.com;

    “In the United States, the decade from the mid-1980s to the mid-1990s saw import quotas placed on textiles, agricultural products, automobiles, sugar, beef, bananas, and even underwear—among other things. In a single session of Congress in 1985, more than three hundred protectionist bills were introduced as U.S. industries began voicing concern over foreign competition”.

    Go to;

    http://www.answers.com/import+quotas?gwp=11&ver;=2.0.1.458&method;=3

    *From the book “Antitrust The Case for Repeal”, by Dominick.T. Armentano, page 18:

    “Governments antitrust suits against firms that price discriminate almost always result in the defendant firm raising some of its prices to comply with the law.”

    Björn Lundahl
    Göteborg Sweden

  • Published: December 19, 2006 4:40 PM

  • Daniel Coleman
  • My goodness, who let Björn Lundahl out of his cage in this comment thread?

    Thanks for these posts, Björn. I especially appreciated your defense of Rothbard on ‘natural rights.’ As someone who reads quite a bit of both Thomas Aquinas and Murray Rothbard, I lean toward the belief that the Rothbard-Hoppe defense of natural rights is quite compatible with Thomism. (I can’t speak too much to Locke and the other ‘natural rights’ thinkers that Roger M points to).

    After all, Aquinas believed that Aristotle’s conception of social ethics were arrived at from sound principles, and Aristotle’s ‘unmoved mover’ could know nothing outside of itself, let alone be the personal, moral-dictating God that Aquinas believed in!

  • Published: December 19, 2006 5:03 PM

  • Björn Lundahl
  • Daniel Coleman

    Thank you!

    Björn

  • Published: December 19, 2006 5:32 PM

  • David White
  • Daneiel Coleman:

    Thus am I able to make the leap from the unconscious unmoved mover that Whitehead called “the primordial nature of God” to the conscious product thereof in what he called “the consequent nature of God” — i.e., a theology of process ( http://en.wikipedia.org/wiki/Process_theology ) that is fully in keeping both with evolution and with human freedom.

  • Published: December 19, 2006 5:47 PM

  • Björn Lundahl
  • I was brainwashed by government schools!

    In the very early 80s I adored Milton Friedman and Monetarism. I ordered many books from the Laissez Faire books store in New York (which I also visited in 1989).

    I received a flyer from the store and saw the book For a New Liberty, by Murray Rothbard, and read some information about it. Then I ordered it. When I had received and read it, a new world had appeared for me.

    It is not an easy task to become a libertarian in a country like Sweden. One of the subjects in school was called “Samhällskunskap” which means “knowledge about society” and you might already guess what that “knowledge” was all about. It was some kind of information about the welfare state, democracy, parliament, “social problems” etc. In the end of the schoolbook also called “Samhällskunskap” there was a chapter about the USA and a chapter about the Soviet Union. Actually, I was quite good in that subject!

    Our television was controlled by the government and in the late 60s we had two channels (TV 1 & TV 2). I learned a lot and I am still learning a lot about societal problems through public broadcasting (joke).

    During the 80s the government was more and more unable to completely control the television, because of competition from cable TV networks. Before every Swedish guy bought a parabola antenna the government was very quick to allow a commercial TV station and a channel (TV 4). The government regulated the channel through a “contract” which expires, I believe, after something like 5 years. This so called contract or lease regulates in detail what TV 4 shall be allowed to broadcast. If TV 4 does not meet the government’s criterions the lease will not be extended. So, nowadays, we here in Sweden get taught in “samhällskunskap” also through TV 4´s broadcasting. By allowing TV 4 before the cable network was extended, TV 4 grew large and could reap most of the incomes from commercials and gain a large market share, and in that way hinder the development of the cable channels. For the government was unable to regulate the cable stations as they broadcasts from abroad. Quite clever and impressive! Still, the market broke the monopoly power of the government and we have, nowadays a lot of cable channels to choose from.

    Well, in this environment it is quite difficult and hard to learn and comprehend libertarianism. There is always a psychological barrier to conquer, the barrier which I was brought up with. Later on in life, it was nearly impossible to understand that it was, for example, not the market but the government that was the very cause of the business cycles. I was always taught the opposite! I just couldn’t believe it!
    Milton Friedman was easier to understand, because he blamed the Federal Reserve for not “doing their job properly” during the depression, but if his monetary “theory” was correct it was, really, the market that was to blame for the great depression as there was a need for a Federal Reserve “doing its job properly” in the first place.

    Well, at last, I broke all the barriers and this because of an intellectual giant called Murray Rothbard.

    http://www.answers.com/topic/laissez-faire-books

    Björn Lundahl
    Göteborg, Sweden

  • Published: December 19, 2006 5:52 PM

  • Björn Lundahl
  • Still, capitalism does exist in Sweden!

    In Sweden we have a Capitalist which might be richer than Bill Gates!

    Ingvar Kamprad, an industrialist from Sweden, he founded IKEA, the home furnishing retail chain, which sell low priced furniture’s all over the world (235 stores in 33 countries). His business idea was: “We shall offer a wide range of well-designed, functional home furnishing products at prices so low that as many people as possible will be able to afford them.”

    Go to;
    http://www.answers.com/topic/ingvar-kamprad

    And to;
    http://en.wikipedia.org/wiki/IKEA

    Photo on a “typical store”, go to;
    http://commons.wikimedia.org/wiki/Image:VillepinteFrance.JPG

    Björn Lundahl
    Göteborg, Sweden

  • Published: December 20, 2006 6:14 AM

  • Björn Lundahl
  • Mark Humphrey

    Mark Humphrey “I don’t want to precipitate trench warfare with devoted Rothbardians, but I strongly suspect that Rothbard owed his insight about “life as the standard of moral value” to Ayn Rand. I can’t prove this, of course. Sadly, in “The Ethics of Liberty”, (published in the early Eighties) Rothbard chose to, in a sense, blacklist Rand by claiming that NO ONE, other than himself, in the libertarian movement was working to develope a system of rationally defensible ethics. (Maybe Rothbard meant “at the moment I am writing this statement”.)”

    Björn That life is an axiomatic value and functions “as the standard of moral value” in an ethical system, Rothbard could, alternatively for example, have gotten this insight from Mises himself through analyzing his statement in his book, “Human Action”, page 11:

    “We may say that action is the manifestation of a man’s will.”

    http://www.mises.org/humanaction/chap1sec1.asp

    I am not saying that Rothbard did get his insight from Mises; I am only saying that it was possible. Surely, many other possibilities exist which we do not know anything about.

    Mark Humphrey “It has been awhile since I’ve read Hoppe, and Rothbard; but I suspect Hoppe’s reasoning goes: either we all own ourselves, or everyone owns everyone else. Since the first proposition is clearly more defensible than the latter absurd proposition, one can affirm self ownership as valid. But if this is the argument, it fails. For that argument assumes that which it sets out to prove, namely that an ethical concept, “ownership”, exists. But on this basis, ownership remains unproven, so that one could just as well assert: “no one owns anything, and anything goes.””

    Björn Self-ownership is a natural fact, since a man in his very nature controls his own mind and body (natural disposition), that is, he is a natural self-owner of his own will and person (having a free will) and if this was not true, neither could he effectively control any property and, therefore, not own it. In other words; “nothing could control and own something”.

    Naturally, praxeology the science of human action, by itself logically confirms the natural fact of self-ownership, since praxeology is based upon “the acting man consciously intending to improve his own satisfaction” and I quote from answers.com:

    “From praxeology Mises derived the idea that every conscious action is intended to improve a person’s satisfaction. He was careful to stress that praxeology is not concerned with the individual’s definition of end satisfaction, just the way he sought that satisfaction. The way in which a person will increase his satisfaction is by removing a source of dissatisfaction. As the future is uncertain so every action is speculative.

    An acting man is defined as one capable of logical thought — to be otherwise would be to make one a mere creature who simply reacts to stimuli by instinct. Similarly an acting man must have a source of dissatisfaction which he believes capable of removing, otherwise he cannot act.
    Another conclusion that Mises reached was that decisions are made on an ordinal basis. That is, it is impossible to carry out more than one action at once, the conscious mind being only capable of one decision at a time — even if those decisions can be made in rapid order. Thus man will act to remove the most pressing source of dissatisfaction first and then move to the next most pressing source of dissatisfaction.

    As a person satisfies his first most important goal and after that his second most important goal then his second most important goal is always less important than his first most important goal. Thus, for every further goal reached, his satisfaction, or utility, is lessened from the preceding goal. This is the rule of diminishing marginal utility.

    In human society many actions will be trading activities where one person regards a possession of another person as more desirable than one of his own possessions, and the other person has a similar higher regard for his colleague’s possession than he does for his own. This subject of praxeology is known as catallactics, and is the more commonly accepted realm of economics.”
    http://www.answers.com/Praxeology?gwp=11&ver;=2.0.1.458&method;=3
    Further:

    The Ethics of Liberty, page 45:

    Footnote:

    “[1]Professor George Mavrodes, of the department of philosophy of the University of Michigan, objects that there is another logical alternative: namely, “that no one owns anybody, either himself or anyone else, nor any share of anybody.” However, since ownership signifies range of control, this would mean that no one would be able to do anything, and the human race would quickly vanish.”

    http://www.mises.org/rothbard/ethics/eight.asp

    Or in my own words from the essay “Normative principles”:

    “Why must anybody own anything?

    In accordance with our objective test to find out if something is a condition for something else, we grasp a state of things where the following principle is none existent anywhere and at all:

    “Everybody owns themselves and their Justly owned property rights”.

    Nobody would be able to do anything, since nobody has the right to control anything. Not even themselves (see below about property rights in your own person).

    This question is not only a contradiction it is also silly. You ask a question which means that you control yourselves (natural disposition), that is owning yourself (see below the excellent writing of Hans-Hermann Hoppe). The other contradiction is that if nobody would own anything, nobody would be able to hinder anyone to own anything either since they would otherwise have an invalid control (having the disposition to) of everyone else, that is having an invalid ownership to everybody else (see below about valid property rights in your own person).

    Ownership itself is, therefore, an objective condition for the preservation of human life.”

    http://normativeprinciples.blogspot.com/2006/12/normative-principles-pure-free-market_10.html

    Björn Lundahl
    Göteborg, Sweden

  • Published: December 28, 2006 3:11 PM

  • Joe M.
  • As Hazlitt says in Man Vs. The Welfare State, if resources were infinite, we would need no concept of property rights, but because resources are NOT infinite, we need a rational, civillized means for the exchange and care of these resources, hence, private property rights. (I’m paraphrasing here, of course.)

    JM

    Independent Womens Forum

  • Published: March 11, 2007 7:26 PM

  • Björn Lundahl
  • The murderer is sentenced guilty before the nature of life.

    You enter the kingdom of life and believe that you stand above its rules and its very foundation. What right gives you the right to abandon my rules? If you do not like this dimension you can pass away from it any time you want. No one is forcing you to stay.

    With the help of reason, consciousness and intelligence, you can observe that your fellow men strive to sustain their lives. They do what their nature calls them to do, namely to live. You are a threat against that! You are a threat against this dimension! This dimension would not exist if it couldn’t cope with what is threatening it. You wouldn’t have lived if murdering has been allowed, and despite of this fact, you place yourself above the very cause of your own life. How can you place yourself above the very cause of your existence!?

    No organism or life can exist if it is not accommodated to what life demands, and that is partly to eliminate the very things that can cause that life ceases. It is the self-preservation that is the very cause for me to throw out the murderer from my kingdom. You never learn! You are parasites of life! You are saying that you did not choose life because you didn’t create yourself, but no one has, for all men are participants of an eternal process and this fact does not declare your irresponsibility.

    The process in nature that created me, demands that I follow its rules or else the process would never had created me and would never had risen, for it would be doomed to die from the very beginning. It is created in such a way that it avoids death, which is the reason for me having self-preservation, for death I else would not have avoided. My nature is thus such that the murderer’s actions shall be rejected and punished until such destructive threats ceases to exist.

    My lawbook is the existence’s law, life’s law, our kingdom’s law, this dimension’s law or my nature’s law, because I am the nature, a part of cosmos and I must play by its rules for nothing else exists for me.

    With a good conscience I will now consider if you also shall be thrown out from my dimension and return to the unconsciousness. If I judge to not throw you out, I will do it with a bad conscience since I have the insight about this dimension’s utmost playing rules which I then will have denied.

    Björn Lundahl

  • Published: May 8, 2007 1:57 PM

  • Björn Lundahl
  • The thief is sentenced guilty before the nature of life.

    Men visit my kingdom for a time and then later leave it. I observe this species that with its reason, consciousness and intelligence protects her values and purposes. They cultivates harvest where the wind blow the very least, they build greenhouses to protect the harvest against frigidity; they spray the harvest to protect it from insects. With their reason, consciousness and intelligence some men observe that the harvest can be stolen and out of this reason men defends their harvest with the might of weaponry, for the self-preservation and man’s purposes are then protected.

    You can steal due to the fact that man to some extent succeeded to keep down the theft and you can live because man has to some extent succeeded to suppress the theft. Human beings became human beings the day they started to create and you belong to this species. You enter the kingdom of life and believe that you stand above its rules and its very foundation. What right gives you the right to ignore my rules? Since childhood you have learnt that theft is wrong and despite of this, you steal. You are a parasite of life, motives and objectives because theft is a parasite of life, motives and objectives! The day man no longer succeeds in her effort to suppress theft, that day motives, objectives and life ceases to exist.

    The process in nature that created me, demands that I follow its rules or else the process would never had created me and would never had risen, for it would be doomed to die from the very beginning. It is created in such a way that it avoids death, which is the reason for me having self-preservation, for death I else would not have avoided. My nature is thus such that the thief’s actions must be stopped and punished until they cease to exist.

    My lawbook is the existence’s law, life’s law, our kingdom’s law, this dimension’s law or my nature’s law, because I am the nature, a part of cosmos and I must play by its rules for nothing else exists for me.

    In the name of true Justice, as it is built upon the insight about this dimension’s utmost playing rules, you will now be sentenced for the crime you have done and for the compensation to the victim and this to its fullest extent.

    Björn Lundahl

  • Published: May 8, 2007 1:59 PM

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