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Hoppe on Treating Aggressors as Mere “Technical Problems”

I’ve always liked Hans-Hermann Hoppe’s observations regarding how we have to treat aggressors as technical, not ethical, problems. From The Economics and Ethics of Private Property (relevant parts bolded):

while scarcity is a necessary condition for the emergence of the problem of political philosophy, it is not sufficient. For obviously, we could have conflicts regarding the use of scarce resources with, let us say, an elephant or a mosquito, yet we would not consider it possible to resolve these conflicts by means of proposing property norms. In such cases, the avoidance of possible conflicts is merely a technological, not an ethical, problem. For it to become an ethical problem, it is also necessary that the conflicting actors be capable, in principle, of argumentation.

Whether or not persons have any rights and, if so, which ones, can only be decided in the course of argumentation (propositional exchange). Justification—proof, conjecture, refutation—is argumentative justification. Anyone who denied this proposition would become involved in a performative contradiction because his denial would itself constitute an argument. Even an ethical relativist must accept this first proposition, which has been referred to as the a priori of argumentation. [continue reading…]

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Constitutional rights? and Barnett and the Fourteenth Amendment

A couple of related posts from the LRC blog a few years back. See also my Mises blog post Libertarian Centralists, and my LewRockwell.com articles A Libertarian Defense of Kelo and Limited Federal Power (June 27, 2005) and Supreme Confusion, Or, A Libertarian Defense of Affirmative Action (July 4, 2003)

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Constitutional rights?

Posted by Stephan Kinsella on April 20, 2004 04:38 PM

William Peterson, adjunct scholar of the Mises Institute and Heritage Foundation, has a Washington Times book review about Randy Barnett’s latest book, Restoring the Lost Constitution: The Presumption of Liberty.

Some libertarians may have difficulty with Barnett’s views about the 14th Amendment. Peterson sums up, “Also, the 14th Amendment requires that the privileges or immunities of citizens shall not be abridged. So it sets tight textual limits on the exercise of the states’ police power — limits not always observed by a pliable Supreme Court.”

Imagine–a libertarian arguing that the feds have not interfered enough with the states. To the contrary–federal courts keep dreaming up more and more restrictions on states based on non-existent powers granted to the feds in the Bill of Rights/14th amendment. The privileges or immunities clause does not set “tight” limits–much less textual–on the exercise of the states’ police power.

Consider: the selective incorporation doctrine says “fundamental” rights in the first 8 amendments of the Bill of Rights, are “incorporated” as against the states, via “substantive due process” (a stupid concept) of the 14th. But if this is true, why would due process be listed separately in the 14th amendment? After all, it’s in the 5th Amendment already, and is certaintly “fundamental,” so it would already be incorporated into the 14th, via the due process clause and selective incorporation, or, as Barnett would have it, via the privileges or immunities clause.

If this clause meant rights in general, why did it not even use the word “rights”? If the text is unclear, and if any “rights” to be found in that text implicitly grant power to the feds (the power to tell the states what not to do), and if the original presumption was against federal power unless clearly granted in the constitution–then surely, any ambiguity in those words should be construed against endowing the feds with more power, which means against the fed courts having the power to strike down “bad” state laws. The P&I clause only prevents the states from doing a narrow range of things; it does not apply all the prohibitions of the Bill of Rights to the states. [continue reading…]

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Romanian translation of Against Intellectual Property

My Against Intellectual Property has so far been translated into Czech, Georgian, German, Italian, Portugese, and Spanish and, now, into Romanian, as Împotriva Proprietăţii Intelectuale. These are all linked at my Translations page, which includes translations of various of my publications into thirteen languages.

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The Amazing Smartphone and Devices It Has Replaced

Devices and markets that smartphones have replaced or are replacing, at least in part, or at least supplementing and radically changing. It’s truly amazing:

  • calculators
  • watches/clocks
  • Alarm clocks
  • flashlight
  • GPS
  • maps
  • books
  • e-readers
  • computers
  • CD players, MP3 players, Walkman
  • DVD players
  • video game consoles
  • remote controls
  • compass
  • dictaphone
  • land lines
  • address books/rolodex
  • cameras
  • video cameras
  • credit card swipers
  • wifi hotspots
  • broadcast radio
  • satellite radio
  • broadcast television
  • broadband (cable)
  • dictionaries
  • encyclopedia
  • language dictionaries/translations
  • tape measure
  • levels
  • magnifying glass
  • pulse sensor
  • PDAs
  • walkie-talkies/CB/Ham radio
  • board games
  • display boards for limo drivers at airports
  • wallet/money/credit cards
  • keys
  • paper tickets (to movies, flights)/IDs/Passports (coming)
  • scanner
  • fax

Update: See The Multifunction Wonder Device: What Has Your Smartphone Replaced?;

A great Cato post and graphic anticipated some of this—there is a lot of overlap between their and my examples:

Dematerialization (update)

Posted by Marian L. Tupy

On June 29, I posted a blog about dematerialization. I used the iPhone as an example of a technological improvement that enables increased output and resource conservation at the same time. I asked the readers of Cato@Liberty to tell me about additional gadgets and physical things (as opposed to services) that they no longer need thanks to their iPhones. Many have written and we have adapted our graphic accordingly. Please share it widely.

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Enforceability of Browsewrap vs. Clickwrap

I’ve discussed before my take on whether clickwrap and related agreements ought to be enforceable in The Libertarian View on Fine Print, Shrinkwrap, Clickwrap; see also The Libertarian Approach to Negligence, Tort, and Strict Liability: Wergeld and Partial Wergeld. (My 2004 Oxford University Press book Online Contract Formation addresses purely legal aspects of such questions.)

A recent Inside Counsel piece, IP: Effective terms of use agreements: Website owners should require users to take an affirmative action to provide evidence that they are aware of and consent to a website’s Terms of Use, discusses a recent case which distinguished the enforceability of clickwrap from browsewrap agreements:

To reduce the risk of transacting business online, virtually all website owners place language on their sites that includes, among other things, forum selection and choice of law clauses, limitations on damages and alternative dispute resolution requirements such as mediation or arbitration. This protective language often is presented in the context of “Terms of Use,” an “End User License Agreement,” or “Terms of Service.” Regardless of what the agreement is called, to effectively reduce their risk, website owners need to make certain that a valid agreement exists with the website users.

A court recently addressed the enforceability of a website’s Terms of Use when Zappos.com Inc. tried to require arbitration of a class action consumer dispute. The plaintiffs, who were Zappos.com customers, claimed their personal information was hacked from the Zappos site. Individual plaintiffs sued in federal district courts across the country seeking relief under state and federal statutory and common law for damages resulting from the security breach. Zappos filed a motion to compel arbitration pursuant to its website Terms of Use. The Terms of Use further stated that: “We [Zappos] reserve the right to change this Site and these terms and conditions at any time,” and “ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.”

The Nevada District Court, where the cases were consolidated for pretrial proceedings, denied Zappos.com’s motion to compel arbitration. In doing so, the court distinguished between “browsewrap” and “clickwrap” (or “click through”) agreements. A browsewrap agreement is one in which a website owner seeks to bind website users to terms and conditions by posting the terms somewhere on the website, usually accessible through a hyperlink located somewhere on the website. A clickwrap agreement requires users to affirmatively manifest asset to the terms, for example by clicking an “I ACCEPT” button.

The Zappos.com Terms of Use was a browsewrap agreement with no evidence that the plaintiffs had actual knowledge of the agreement. Therefore, the validity of the agreement depended on whether the website provided reasonable notice of the terms of the contract. In holding that the Zappos.com Terms of Use did not provide reasonable notice, the court reasoned that: …

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Louisiana Civil Law Dictionary Review

My recent book, Louisiana Civil Law Dictionary (Quid Pro Books, 2011), co-authored with an  Austro-libertarian legal scholar friend, Gregory Rome, was recently reviewed at the iPhoneJD blog:

November 13, 2012

Review: Louisiana Civil Law Dictionary — ebook of civil law words and phrases

I’ve reviewed several legal dictionary apps for the iPhone and iPad — Black’s Law DictionaryBarron’s Law Dictionary,Nolo’s Plain English Law Dictionary, the Book of Jargon series by Latham & Watkins — but considering that dictionaries were traditionally books, it makes sense that an ebook dictionary could be just as useful on the iPhone and iPad as an app.  Proof of this is found in the Louisiana Civil Law Dictionary, an ebook by Chalmette, Louisiana attorney Gregory Rome and Houston, Texas attorney Stephan Kinsella.  You can purchase this ebook in several formats including Kindle and Nook, and this review is based on the iBooks version of the ebook.  The book is published by ebook publisher Quid Pro Books, the brainchild of Tulane Law Professor Alan Childress.  Prof. Childress sent me a free review copy a few weeks ago.

As you may know, unlike the other 49 states where the law is based on English common law, the law here in Louisiana is based on civil law from jurisdictions such as France.  That means that we have concepts in Louisiana that are very similar to common law concepts but have different names (e.g. “liberative prescription” instead of “statute of limitation”), plus we have many civil law concepts that are unique to Louisiana.  Black’s Law Dictionary does a decent job with some civil law terms, but a dedicated source like the one has the ability to offer more … and I was impressed by this book.

The Louisiana Civil Law Dictionary includes all of the civil law terms that I use in my practice and a bunch more that were new to me.  (I may have learned some of them when I took the bar exam back in 1994, but that space in my brain has long since been replaced by other knowledge.)  The definitions are clear and complete, and the book includes lots of hyperlinks that make it easy to jump around in the book.  Plus it is easy to slide the marker at the bottom of this ebook to jump to different sections.

IMG_1743 IMG_1744

Being an iBook, it also works fine on the iPhone:

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Like all iBooks, you can also search for words in the book, which is helpful in a dictionary.

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If you practice law in Louisiana, or if you just want to impress your friends with legal terms that almost sound naughty such “naked owner” and “usufruct,” then consider getting this ebook for your iPad and iPhone.

Click here to get Louisiana Civil Law Dictionary ($9.99):  Louisiana Civil Law Dictionary - Gregory W. Rome & Stephan Kinsella

Click here to get Louisiana Civil Law Dictionary ($9.99) [Kindle version]

[From KinsellaLaw]

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Mises Blog Post

An old (2005) Mises blog post, followed by an excerpt from a book, and a draft international law article I wrote years ago. The first post refers to my 1997 book Protecting Foreign Investment Under International Law: Legal Aspects of Political Risk (Oceana Publications, 1997), and also to my then-forthcoming book, International Investment, Political Risk, and Dispute Resolution: A Practitioner’s Guide (Oxford 2005). I did not end up putting much discussion of the “illusoriness” of the nondiscrimination and public purpose requirements in the 2005 book, and we toned it down even more for the 2020 second edition. I ended up putting this material into a draft law review article, which is appended below, but which I have never finished.

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On Takings and Public Use

[Archived Comments  archived comments posted below]

APRIL 4, 2005 by 

A law school buddy emailed me some comments about some recent developments in eminent domain law, e.g. this Slate article about Kelo v. New London—a case before the US Supreme Court, that concerns the state’s right to condemn private land and give it to private developers.  1

As a mini-primer—the Fifth Amendment to the U.S. Constitution requires that private property can’t be taken unless it is taken “for a public use” and “just compensation” is provided. Now this originally applied only the federal government (see discussion of Barron v. Baltimore here), but has been incorporated into the 14th Amendment so that it now limits the states as well (see this case, and this one; also here; more info re the 14th Amendment here).

So takings have to be for a “public purpose,” and the question is whether this requirement prevents states from condemning private land to give it to private developers. The Kelo case, as I understand it, is about whether “public use” in the 5th Amendment has any real Constitutional meaning. If it does, then shopping malls and luxury apartments become much more difficult to build.

It’s interesting to me how a sound economic (Austrian) and political (anarcho-capitalist) framework can help one cut through the muzzy arguments advanced by both “sides”.The problem is both the proponents, and opponents, of such “non-public use” takings seem to accept the basic idea that there is an objective way to classify something as being a “public use”. In my view, this standard is inherently vague and non-objective. Who knows, maybe transfering land from a little old lady to Donald Trump is a “public purpose,” as much as roads or the military. I doubt it’s possible to articulart a coherent, clear, just standard that the state could respect even if it wanted to. Since it’s not objective, in the end, it’s got to be whatever the state decrees. [continue reading…]

  1. Update: see my article “A Libertarian Defense of Kelo and Limited Federal Power,” LewRockwell.com (June 27, 2005). []
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Afterword to Hoppe’s The Great Fiction

Hoppe, The Great Fiction-coverUpdateThe Great Fiction: Property, Economy, Society, and the Politics of Decline (Second Expanded Edition, Mises Institute, 2021) is now available, including my updated Afterword [PDF].

Afterword to First Edition

Professor Hoppe’s book  The Great Fiction: Property, Economy, Society, and the Politics of Decline was published today by Laissez Faire Books. More information available here. My Afterword is repixeled below.

For related material, see also:

Afterword

by Stephan Kinsella 1

The book you hold in your hands—or that resides in memory bits on your digital device—provides a perfect illustration of the power of Austro-libertarian ideas. Brainpower and genius alone are not enough to provide sound social analysis. One also needs a coherent understanding of economics, in particular of Misesian-Austrian praxeology-based economics. And one needs a coherent and realistic understanding of politics and the state—which is to say, anti-state libertarianism.

We all encounter and learn from brilliant thinkers, but there is often something missing. This is usually because they are insufficiently aware of the true predatorial nature of the state and the role it has played in the history of human society. Or there are, to put it kindly, gaps in their knowledge of economics. How many times have you read a brilliant thinker only to see them err on a crucial issue because of some mainstream economic or statist assumption? It is a frustrating experience.

So genius is not enough. But it helps. After all, the problems and issues at hand are not easy. Great intellect, combined with a realistic, sober view of politics and economics, and with a passion for truth, can achieve great things: a clarifying vision of the nature of the institutions of society. Dr. Hoppe was perfectly placed by the currents of fate to become today’s leading libertarian social theorist, which is to say: today’s leading social theorist.

Professor Hoppe’s genius is evident in the razor-sharp clarity and precision of his words and arguments, and his command of philosophy and economics and related fields such as history, sociology, and the philosophy of science. His formal education originated in his studies at the University of Saarland in Saarbrücken, the Johann Wolfgang Goethe University in Frankfurt am Main, and at the University of Michigan in Ann Arbor, which included a PhD in philosophy under the famous European philosopher Jürgen Habermas and a prestigious “Habilitation” degree on the Foundations of Sociology and Economics. [continue reading…]

  1. Stephan Kinsella is the Executive Editor of Libertarian Papers (libertarianpapers.org).[]
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Joseph Newman’s Energy Machine

As I noted in My Days with Baton Rouge Skeptics, in the late 1980s, when I was in law school, I joined a local skeptics’ group in Baton Rouge, which was somehow affiliated with the national CSICOP, the Committe for the Scientific Investigation of Claims of the Paranormal. I eventually left, in part because of their reticence to criticize religion (as if religion should be exempt from the same type of skeptical criticism we aimed at people who said they had ESP) and, more importantly, because of their refusal to recognize socialism and statism as types of irrationality.

During those days, I was a BSEE then MSEE student at LSU. One of my (and my wife’s) professors was a very smart, patient, soft-spoken man named Ali S. Mirbod. I think he was from Egypt. He died a few years later of a brain tumor. I remember after he would present some difficult issue he would stop and say, “is it clear?” and it sounded like “EEZ EET CLEE-ARR”? Anyway there was at the time this Mississippi guy named Joseph Newman who claimed he had invented a way to harness subatomic “gyroscopic particles” to get free energy. He had all kinds of contraptions wiht battery stacks connected to his machine which powered a light bulb, and he claimed it was some kind of net energy producer.

This is obvious nonsense. So a patent application for it was rejected by the US Patent Office, on the grounds that the invention lacked utility—that it did not work. Since perpetual motion machines are impossible. This led to Louisiana Rep. Bob Livingston getting involved on Newman’s behalf, tests of the machine’s efficacy by my professor Mirbod and by the NIS, and to me corresponding with Livingston about it and writing my own mini-report for the Baton Rouge Skeptics group. The documents are here.

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How We Come To Own Ourselves: Audio Version

My paper How We Come To Own Ourselves, Mises Daily (Sep. 7, 2006; Mises.org blog discussion) has been nicely narrated, with helpful but unobtrusive slides, by Graham Wright.

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From Mises Blog 2006; archived version comments below. See also Rothbard on Libertarian “Space Cadets”.

Don’t worry–you don’t exist: Or, why long-range planning is really impossible

November 6, 2006 by
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I previously blogged about one of the papers by attorney Peter Jenkins. Now, from the “uhhhhh…. HO-kay” files comes his latest, in the Journal of Futures Studies, Historical Simulations – Motivational, Ethical and Legal Issues. Abstract:

A future society will very likely have the technological ability and the motivation to create large numbers of completely realistic historical simulations and be able to overcome any ethical and legal obstacles to doing so. It is thus highly probable that we are a form of artificial intelligence inhabiting one of these simulations. To avoid stacking (i.e. simulations within simulations), the termination of these simulations is likely to be the point in history when the technology to create them first became widely available, (estimated to be 2050). Long range planning beyond this date would therefore be futile.

Shades of Douglas Adams! Forget “in the long run we are all dead”–we are just a simulation. So, no need to worry.

Update: The Universe as a Hologram: Does Objective Reality Exist, or is the Universe a Phantasm?

Update 2: Our world may be a giant hologram

Update 3: Our Universe May Be a Giant Hologram.

Updates:

Archived comments:

Comments (21)

  • Jeremy

    I showed this abstract to a friend and he pointed out that it is incredibly similar to the plot of the movie The Thirteenth Floor. Has anyone else noticed this?

    Published: November 6, 2006 12:15 PM

  • Yancey Ward

    I always thought that Star Trek: The Next Generation did the most clever fictional adaptation of this sort of idea in it’s “Ship in a Bottle” episode from, I think, 1993.

    Published: November 6, 2006 12:47 PM

  • George Gaskell

    It’s pointless to debate the particulars of crazy-talk, but what’s the problem with “stacking”? Why would a simulation within a simulation be a deal-breaker?

    Could it be that the people who are running the simulation that is our lives are just too afraid to contemplate the idea that THEY might be nothing more than a simulation being run by someone else??? Hmmmmmmmm???

    Riddle me that, Mr. Jenkins.

    Published: November 6, 2006 2:49 PM

  • James Redford

    Stephan Kinsella, I have to ask you: what do you think it means to exist? The reason for my asking is because your notion of existence as expressed in this post by you is not veridical.

    The following is René Descartes’s proof of the existential reality of one’s own existence: I think, therefore I am. (“Je pense, donc je suis,” as contained in Discourse on Method by Descartes [1637].) This is a true claim.

    I read the abstract of the article you link to, but I haven’t as yet been able to download the article. But one claim from the abstract which I’m certain is a non sequitur that the article will not be able to demonstrate is the following:

    “”
    To avoid stacking (i.e. simulations within simulations), the termination of these simulations is likely to be the point in history when the technology to create them first became widely available, (estimated to be 2050). Long range planning beyond this date would therefore be futile.
    “”

    I’d like to read the entire article so as to pinpoint the exact flaw in their reasoning, but from this statement alone it seems that they are making a negative value judgement on what they call stacking (i.e., nested levels of implementation). Yet even within this abstract a contradiction is made, for previously it said “It is thus highly probable that we are a form of artificial intelligence inhabiting one of these simulations.” (Which is an exceedingly true claim. Statistically speaking, the likelihood of this particular claim being false is infinitely improbable.) But this itself would be an example of what they call stacking.

    In short, there is no problem with “stacking.” For one thing, unless the entirety of the multiverse is emulated exactly, then the physical simulation that one is running is quite unlikely to exactly be one’s universe’s previous history. Furthermore, even if one is exactly emulating the entirety of the multiverse, that emulation (in its entirety) will be *new* for the society running it.

    The fact of the matter is that we exist on a level of implementation with infinite levels of implementation above us. Collectively, this is known as the Mind of God, or simply God, or simply *existence*.

    And the fact that we are an emulation being run on a computer hardly implies that we are not real. We are as real as real can be. But everything that is real can be perfectly rendered by a sufficiently advanced society. The reason is because all matter and energy (which per E=mc^2, are simply different permutations of the same thing) are simply nothing more than *information*. There is an upper bound on the amount of bits that are required to *perfectly* render any given finite quantity of matter, of which is called the Bekenstein Bound (after Dr. Jacob Bekenstein).

    By the way, Stephan Kinsella, I’m glad that some of my teachings have had an effect on you. Ergo, your somewhat recent statement of “an ought from an ought.” (Your September 8, 2006 11:19 AM reply under “How We Come to Own Ourselves,” http://blog.mises.org/archives/005577.asp .)

    Published: November 6, 2006 5:35 PM

  • Artisan

    It really makes me think more of “the Matrix” than of “The Thirteenth Floor”…

    Published: November 7, 2006 7:46 AM

  • Ian Parker

    There is one very interesting point that I don’t think anyone has raised and it is that it is possible to have a siimulation of a simulation.#

    To run a simulation you do not in fact have to run a simulation on every atom. All you have (in effect) to do is to simulate the content of out minds. Thus if we look at something the object is only real when we are actually looking at it.

    There is a model of the Universe and if you look at an astronomical object you will get the simulation for that object.

    Now if we run a simulation within a simulation, gueess what, all our computer does is to extract a little bit of power from the main simulation. This may be a little hard to grasp, but what we have is, in essense, a steady state.

    Also if you put 2050 as being a date it means that interstellar travel is effectively impossible. This has in fact in fact been put forward as a possible solution to the Fermi Paradox.

    Published: November 7, 2006 9:32 AM

  • James Redford

    — Stephan Kinsella wrote:

    > It may be news to you that if I post something it
    > does not mean I agree with
    > it. Of course I don’t agree w/ this article. It’s
    > utterly stupid. Duhhh.
    >
    > Thanks for figuring out the is-ought dichotomy for
    > me. And Hume.
    >
    >
    > Stephan
    >
    > N. Stephan Kinsella

    Hi, Stephan Kinsella. Apparently you semi-consciously read my reply to you. I already knew that you didn’t agree with the article that you referenced in your post. That ought to be apparent by my response, if you were to actually fully consciously read it.

    As I said in my response to you, I haven’t read the article as I haven’t been able to download it. I have only read the abstract of it (which is what my comments pertaining to the article were limited to), which is what you posted. So when you say that the article is utterly stupid, does that mean that you have actually read the entire article? If so, can you please send it to me?

    Moreover, in my reply I was disagreeing with your comments on the abstract of the article. In the title of your post you expressed the notion that we don’t actually exist if we are emulations/simulations being run on a computer. I took issue with that notions of yours, and showed how that is not true.

    Lastly, your comment “Thanks for figuring out the is-ought dichotomy for me. And Hume.” mistates my comment to you on this matter, and indeed rises to the level of dishonesty, unless you are particularly forgetful.

    Mainstream philosphy is quite aware of the is-ought dichotomy. But you derived the notion of deriving an “an ought from an ought” from me (as contained in your September 8, 2006 11:19 AM reply under “How We Come to Own Ourselves,” http://blog.mises.org/archives/005577.asp ). Specifically, from a February 23, 2000 email and a September 11, 2004 email from me, both of which contain the phrase by me. In both cases, you initiated the contact with me, and those dates are my replies to you. I am the first person to use the “ought from an ought” phrase on the internet, as can be demonstrated from Google’s usenet archive ( http://groups.google.com/advanced_search ). The first recording of the phrase on the internet occurs on September 19, 2000 in a post by me under one of my old handles, Tetrachordine Omega. I also used this phrase a number of times on the Anti-State.com forum, at a time when you were also active on the forum.

    So I find it scandalous that you are here attempting to pretend that you didn’t derive this phrase and the concept expressed by it from me. This is one of my babies that I’m quite proud of, and for you to here affect that you didn’t get it from me is opprobrious.

    I hope your words above are the result of some form of mental lapse. But I here ask you to never again act as if you didn’t get this phrase and the concept expressed by it from me.

    Published: November 15, 2006 7:25 AM

  • Stephan Kinsella

    Redford: your comments above show why libertarians are so marginalized–they act like such oddball weirdoes. They do not even know how to act in normal society.

    Your contentions are silly and ridiculous; that you seek, Person-like, to “document” them with careful web research only makes it pathetic. First, if I had gotten the idea from you, it would not be “dishonest” to have forgotten this, with the thousands of conversations I’ve had. But what are you implying–? that you own the term “ought from an ought”? You sound like a Randian, thinking you have invented time-old ideas. Or worse, a Galambosian, who wants to own little terms etc. that they “create”. Rand’s very ethic is explicitly hypothetical and recognizes one can only get an ought from an ought. Did she go forward in time to 2000 and get this from you too?

    Search the web for “ought from an ought”. Tons of references. Here’s one from 1973. Paraphrasing “the smell of ether pervades”–weirdoes abound in this movement.

    Published: November 15, 2006 7:36 AM

  • James Redford

    Stephan Kinsella, you wrote:

    “”
    Redford: your comments above show why libertarians are so marginalized–they act like such oddball weirdoes. They do not even know how to act in normal society.

    Your contentions are silly and ridiculous; that you seek, Person-like, to “document” them with careful web research only makes it pathetic. First, if I had gotten the idea from you, it would not be “dishonest” to have forgotten this, with the thousands of conversations I’ve had. But what are you implying–? that you own the term “ought from an ought”? You sound like a Randian, thinking you have invented time-old ideas. Or worse, a Galambosian, who wants to own little terms etc. that they “create”. Rand’s very ethic is explicitly hypothetical and recognizes one can only get an ought from an ought. Did she go forward in time to 2000 and get this from you too?
    “”

    So you here tacitly admit that you got the phrase “ought from an ought” and the concept expressed by it from me. That’s at least a start in the right direction by you.

    And no, Mr. Kinsella, I don’t own the phrase or the concept expressed by it. So-called “Intellectual Property” is not valid property. My issue with you on this matter is that you pretended as if you didn’t get the phrase and the concept expressed by it from me, hence your remark “Thanks for figuring out the is-ought dichotomy for me. And Hume.” Of which comment by you even mistates this issue here since mainstream philosophy is already quite familiar with the is-ought dichotomy, but the concept of deriving and ought from an ought is virtually unknown.

    Go ahead and use the concept and the phrase. That was my intent when I put it out there: that it would become well-known. But don’t pretend that you didn’t get it from me when an innocent remark is made to you concerning where you got it from.

    Concerning your comment that my “comments above show why libertarians are so marginalized–they act like such oddball weirdoes. They do not even know how to act in normal society.”: Stop projecting your moral failings on to all libertarians, Stephan Kinsella. Simply because you are a liar and a plagiarizer does not mean that all libertarians are. But you are correct that such behavior on your part is not likely to overjoy people–quite the contrary.

    Published: November 15, 2006 8:04 AM

  • Stephan Kinsella

    Redford:

    So you here tacitly admit that you got the phrase “ought from an ought” and the concept expressed by it from me. That’s at least a start in the right direction by you.

    I have no idea what you are jabbering about. These are ravings. The phrase “ought from an ought” is not new to you. I just cited a use of it in 1973. It’s an obvious implication of Hume’s insight. You are not the first to think of it. Get over yourself.

    Whether I “got” the phrase from you, I have no idea. You did not introduce the is-ought dichotomy to me, Redford. I suspect I phrased it this way because it is an obvious way to phrase an aspect of this Humean insight. I never claimed I originated it.

    mainstream philosophy is already quite familiar with the is-ought dichotomy, but the concept of deriving and ought from an ought is virtually unknown.

    Really? Do a google search for it–not on your loser “usenet” groups, but on the web as a whole. A simple search by me found a 1973 reference, and many others.

    Go ahead and use the concept and the phrase.

    Wow, thanks for your permission.

    That was my intent when I put it out there: that it would become well-known.

    What an amazing figure in the history of the philosophy you promise to be!

    But don’t pretend that you didn’t get it from me when an innocent remark is made to you concerning where you got it from.

    I have no reason to think I “got it from you”. But then, I’m not bizarrely obsessed with keeping notes from years back tracking the origin of every single thought I’ve developed.

    Simply because you are a liar and a plagiarizer does not mean that all libertarians are. But you are correct that such behavior on your part is not likely to overjoy people–quite the contrary.

    Those reading should realize what this nutjob–formerly “Tetrahedron Omega”, another sign of weirdoness–is claiming: that my statement that you can’t get an ought from an is, but only from another ought–based on the is-ought dichotomy of Hume, and based on the hypothetical ethical reasoning of people like Rand and Hoppe–is “plagiarizing” from this dude since he claims that years ago he used this phrase in message boards I frequented. Uhhh yeahhhhh. Time for the lithium, Omega.

    Published: November 15, 2006 9:00 AM

  • James Redford

    Stephan Kinsella, you wrote:

    “”
    I have no idea what you are jabbering about. These are ravings. The phrase “ought from an ought” is not new to you. I just cited a use of it in 1973. It’s an obvious implication of Hume’s insight. You are not the first to think of it. Get over yourself.
    “”

    You know exactly what I’m talking about because I made myself quite clear. This is more of your disingenuousness.

    Nor did I say that I was the first to think of the phrase. Rather, what I said originally was,

    “”
    By the way, Stephan Kinsella, I’m glad that some of my teachings have had an effect on you. Ergo, your somewhat recent statement of “an ought from an ought.” (Your September 8, 2006 11:19 AM reply under “How We Come to Own Ourselves,” http://blog.mises.org/archives/005577.asp .)
    “”

    To which you pretended ignorance by replying “Thanks for figuring out the is-ought dichotomy for me. And Hume.” Of which comment by you even mistates this issue here since the field of philosophy is already quite familiar with the is-ought dichotomy, but the concept of deriving an ought from an ought is virtually unknown.

    So my comments all along here have pertained to the fact that you incorporated some of my teachings, i.e., the fact that you got the concept and phrase of “an ought from an ought” from me–not that I originally invented the concept and the phrase (although I did independently come up with it, in the sense that I thought of it on my own, and didn’t get it from anyone else). But you didn’t want to publicly admit that I have taught you things which you find of value, since after all you here call me a “loser” and a “nutjob,” which are more of your disingenuousness.

    And you didn’t get the concept and phrase “ought from an ought” from a 1973 article (which you simply found by doing a recent Google search after my last reply, as you further below admit), you got it from our email correspondence that you initiated from having read my public postings. As you here also acknowledge that you didn’t get it from a 1973 article:

    “”
    Whether I “got” the phrase from you, I have no idea. You did not introduce the is-ought dichotomy to me, Redford. I suspect I phrased it this way because it is an obvious way to phrase an aspect of this Humean insight. I never claimed I originated it.
    “”

    Here again you are being disingenuous by going out of your way to misconstrue the issue, as the field of philosophy is already quite familiar with the is-ought dichotomy, but the concept of deriving and ought from an ought is virtually unknown.

    Continuing, you wrote:

    “”
    “”
    mainstream philosophy is already quite familiar with the is-ought dichotomy, but the concept of deriving and ought from an ought is virtually unknown.
    “”

    Really? Do a google search for it–not on your loser “usenet” groups, but on the web as a whole. A simple search by me found a 1973 reference, and many others
    “”

    Great, so you here admit that you merely found a reference to a 1973 article which contains the phrase, not that that article is where you got the phrase from. As far as “many others,” I would hardly call 13 Google results as demonstrating that the field of philosophy is that familiar with the concept of deriving an ought from an ought. Indeed, it demonstrates that the concept of deriving an ought from an ought is virtually unknown. Whereas *all* of the usenet examples of the phrase are from me, starting in September 19, 2000.

    Concerning your remark on “[my] loser ‘usenet’ groups,” you are the one who originally initiated email contact with me from your having read my usenet postings. So this remark by you is more of your disingenuousness.

    Nor have I ever made any issue about who invented the phrase and concept. I didn’t say that I was the first to think of the phrase (although I did independantly originate the concept and the phrase, as I didn’t get it from anyone else). Rather, what I said originally was,

    “”
    By the way, Stephan Kinsella, I’m glad that some of my teachings have had an effect on you. Ergo, your somewhat recent statement of “an ought from an ought.” (Your September 8, 2006 11:19 AM reply under “How We Come to Own Ourselves,” http://blog.mises.org/archives/005577.asp .)
    “”

    That is, I was simply commenting on the fact that you were incorporating my teachings to you on this matter. I was happy to see that you were doing so, and hence I stated that I was glad to see that some of my teachings had an effect on you. But you had to be disingenuous in your response to me rather than admit that you found some of my teachings to be of value, since after all you here call me a “loser” and a “nutjob,” which are more of your disingenuousness.

    A simple remark by you to the effect of “Yeah, thanks for that phrase, James” would have sufficed, but you couldn’t bring yourself to publicly admit that you got something of value from me. Indeed, simply saying nothing would have been far better than your current dissembling replies to me.

    For Heaven’s sake, I already originally told you that I was glad that you were using it! You didn’t have to go out of your way to pretend like I had two heads for my having said that to you originally.

    I almost couldn’t care less who uses my writings and teachings for whatever purpose (so long as its nonaggressive), or even whether they cite me or not. I’ve seen my writings cut-up and pasted into other people’s works without citing me, and I don’t really care. But when you affect as if I’ve got a second head growing out of my neck when I simply make an innocent and friendly remark to you stating that I’m glad to see you using some of what I taught you, then that certainly is behavior that I find to be opprobrious.

    You also wrote:

    “”
    “”
    “”
    I have no reason to think I “got it from you”. But then, I’m not bizarrely obsessed with keeping notes from years back tracking the origin of every single thought I’ve developed.
    “”

    Simply because you are a liar and a plagiarizer does not mean that all libertarians are. But you are correct that such behavior on your part is not likely to overjoy people–quite the contrary.
    “”

    Those reading should realize what this nutjob–formerly “Tetrahedron Omega”, another sign of weirdoness–is claiming: that my statement that you can’t get an ought from an is, but only from another ought–based on the is-ought dichotomy of Hume, and based on the hypothetical ethical reasoning of people like Rand and Hoppe–is “plagiarizing” from this dude since he claims that years ago he used this phrase in message boards I frequented. Uhhh yeahhhhh. Time for the lithium, Omega.
    “”

    Yet again you are being disingenuous by acting as if it is not a very common practice on the internet to use fanciful handles.

    Moreover, you here are again being disingenuous by going out of your way to mistate the nature of our contacts and also to mistate my claims. As I said above, I state the phrase “an ought from an ought” and the concept of it in a February 23, 2000 email and a September 11, 2004 email from me to you. In both cases, you initiated the contact with me from your having read my public postings.

    Hence, your present attempt to pretend as if my public postings didn’t catch your attention further demonstrates how disingenuous you are being, as this correspondence which you initiated on both occations (in 2000 and 2004) shows that you most certainly did take notice of my public writings on this matter, and were moved enough by my public postings to initiate contact with me on two separate occations.

    Not only are you a flagrant liar, Stephan Kinsella, but you’re also an incompetent liar. I’ve got you dead to rights on this. Below is contained the text of our relevant email correspondence (which you initiated each time from your having read my public postings), wherein I use this phrase and its concept on two separate occations (in 2000 and 2004) to you:

    http://www.geocities.com/vonchloride/n-stephan-kinsella-emails.txt

    Published: November 15, 2006 6:22 PM

  • Stephan Kinsella

    I posted a reply to Redford on Daily Apology; all subsequent comments that originally appeared here have been moved there as inappropriate to this forum. Any further comments should be made there, not here.

     

    Published: November 17, 2006 4:38 PM

  • James Redford

    Comments been moved offlist to this post on Daily Apology.

     

    Published: November 18, 2006 6:01 PM

  • Stephan Kinsella

    Ccomments been moved offlist to this post on Daily Apology.

     

    Published: November 20, 2006 10:09 AM

  • James Redford

    Comments been moved offlist to this post on Daily Apology.

     

    Published: November 20, 2006 3:04 PM

  • Stephan Kinsella

    Comments been moved offlist to this post on Daily Apology.

     

    Published: November 20, 2006 3:55 PM

  • greg

    Doesn’t the is-ought problem all depend on what the meaning of the word is is? Ooops, did I just plagerize someone? Well I won’t admit it if I did. {laughs}

    This was really entertaining. I hope Redford posts some more. I’ll be in Austin in January. Maybe Redford and I can do acid together. But only if I can pick up an old Rush album from Fedako for a ripoff $10. Acid and Rush. Wow. Vinyl sounds better.

    Published: November 21, 2006 9:23 PM

  • James Redford

    Stephan Kinsella wrote on November 20, 2006 3:55 PM:

    “”
    Oh, I do think it is likely, now that you refreshed my memory on our correspondence. If so, it’s quite useful. Thanks. Let’s say, there’s a 65% chance. That’s my best guess and final offer. Do we have a deal?
    “”

    Great. Then it’s settled. And you’re welcome, Mr. Kinsella.

    Published: December 7, 2006 4:48 PM

  • James Redford

    Stephan Kinsella wrote on November 20, 2006 3:55 PM:

    “”
    “”
    So why is it that you have such an impossible time admitting that you quite probably got the phrase and its concept from me?
    “”

    Oh, I do think it is likely, now that you refreshed my memory on our correspondence. If so, it’s quite useful. Thanks. Let’s say, there’s a 65% chance. That’s my best guess and final offer. Do we have a deal?
    “”

    Great. Then it’s settled. And you’re welcome, Mr. Kinsella.

    Published: December 7, 2006 4:51 PM

  • Stephan Kinsella

    Redford, I splained already to you. It’s not hard for me to admit it’s likely that I got that phrase from you. I think it’s a very minor thing–just a way of explaining my own idea. But okay, fine. But it’s not certain; it’s just a possibility. What I objected to was your statement that it was “certain” that this is “where I got it from,” that I was “lying,” that it was “plagiarism,” your false charges that it would be “hard for me to admit” I might have gotten a phrasing from you, and so forth. I see now that you have implicitly dropped all these charges by accepting my offer to settle on the simple proposition that it is possible I got the idea of wording my own ideas this way from you a long time ago, even though it’s fairly obvious and others have independently used this wording. So, thanks for implicitly withdrawing your over the top charges.

    Published: December 7, 2006 5:09 PM

  • M E Hoffer

    Redford & Kinsella,

    Why don’t you two get a /chat/ room?

    Published: December 7, 2006 8:59 PM

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The Most Visited Libertarian Websites

The Capital Free Press has compiled a list of the top ranked “libertarian websites based on the number of unique visitors in the most recent month according to the data compiled by Compete.” The post is pasted below. Not surprisingly, LewRockwell.com is the most visited libertarian site. Four of my own sites made the list: StephanKinsella.com (#84), Libertarian Papers (#100), The Libertarian Standard (#75), and Center for the Study of Innovative Freedom (C4SIF, #78).

 

The Most Visited Libertarian Websites

This is a ranking of the top libertarian websites based on the number of unique visitors in the most recent month according to the data compiled by Compete. They only compile data for domains and subdomains, so perhaps this list is more accurately described as the most visited libertarian domains rather than websites. It is compiled through calls to Compete’s API, so it will automatically update when they release new data each month. For more information on this list, see the blog post introducing it.

Automating everything means that adding a new website is as simple as plugging a new url into my list, so you have any suggestions for a website to add, please email me at patrick@capitalfreepress.com.

Due to the restrictions on the free use of the Compete API, there is a chance that I could run out of API calls in a 24 hour period (resets at midnight EST). The way that I compile this list and the terms and conditions on the use of their API prevent me from displaying the number of unique visitors for each website in the chart, though that information and more can be accessed via the link I have provided. [continue reading…]

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