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My new book: Louisiana Civil Law Dictionary

From the site of my publisher, Quid Pro Books, information about the release this month of my new book, Louisiana Civil Law Dictionary (with Gregory Rome; Quid Pro Books 2011). It’s available now at Amazon in paper and kindle formats, and in hardback later this month. Also available in other ebook formats. (Additional information at the dictionary’s website, Civil-Law-Dictionary.com.)

 

A Dictionary of Civil Law Terminology in Louisiana: Usufruct and Naked Owners Are Explained to Common Lawyers and Civilians

With obscure terms like emphyteusis and jactitation, the language of Louisiana’s civil law can sometimes be confusing for students and even for seasoned practitioners. But the Louisiana Civil Law Dictionary can help. It defines every word and phrase contained in the index to the Louisiana Civil Code, plus many more–in clear and concise language–and provides current citations to the relevant statutes, code articles, and cases.  Soon available in paperback, hardback and ebook formats linked below. The dictionary’s dedicated website is here.

Whether you are a student, researcher, lawyer, or judge, if you deal with Louisiana and its laws, this volume will proveindispensable. It is also a valuable resource for notaries and paralegal assistants. No doubt common law practitioners in other states, too, will find ready uses for a dictionary that translates civil law terminology into familiar concepts; they will know how ‘naked ownership’ is different from ‘usufruct.’ And since the civil law dominates the world’s legal systems, this book will find a home with libraries and scholars anywhere there is a need to compare civil law terms with those of the common law.

Quality ebook formatting from Quid Pro Books features active contents, linked notes and URLs, and hundreds of linked cross-references for ready association of related topics. Print editions are available of this valuable resource, yet the ebook format is not just a textual replication of the print book or a PDF; instead, the ebook is carefully designed to take full advantage of the digital ereader’s optimal arrangements and hyperlinks.

“Rome and Kinsella have done a huge service to legal scholarship by assembling the Louisiana Civil Law Dictionary — a splendid resource for those seeking to understand the rich vocabulary of Louisiana law.”
— Bryan A. Garner, President, LawProse, Inc.; and Editor in Chief, Black’s Law Dictionary

“For ready reference on the desk or in a personal or law firm library, in the office of a civilian of any walk of practice or intellectual endeavor, this enormously helpful dictionary is a must. This scholarly reference is essential to the study of the civil law tradition; the Louisiana Civil Law Dictionary serves as a gateway to understanding the civil law system embraced by the majority of legal systems in the world.”
— J. Lanier Yeates, Member, Gordon Arata McCollam Duplantis & Eagan, LLC

AVAILABLE NOW in ebook and print formats:

Amazon for Kindle.

B&N for Nook.

Also available directly on Apple iBooks and iTunes for iPad and iPhone, as well as Kindle and Nook apps.

Available in paperback edition, including from our eStore page with fulfillment by Amazon; at the general Amazon site; and at other booksellers. Library-quality hardcover edition also available from Amazon, B&N, Dawson Books, Ingram catalog and Baker & Taylor (listed in the library catalogs as of Aug. 15). Please contact us for discounts on bulk adoptions.

ISBNs include: 9781610270830 (ePub) and 9781610270878 (hardcover)

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My one economics course: or, how I hate the Phillips Curve

I majored in electrical engineering at LSU from 1983 to 1987. I had to take one economics course, my very first semester, which I ended up making an A in. But I did not like it. Never did like the idea of supply and demand curves, “elasticity” etc. I don’t think I had read much Austrian economics yet, though I had read a good deal of Ayn Rand’s nonfiction before I started college, and might have already read Hazlitt’s Economics in One Lesson. Maybe that is what turned me off to the conventional approach taught in Econ 2030.

I remember vividly that when the Phillips Curve was presented I knew something was wrong with mainstream economics. Here was a curve showing an inverse relationship between inflation and employment. That can’t be right, I thought–suppose all the unemployed people in the country died overnight. Most of them are unproductive or on welfare, so their loss would not harm the economy, so why would it make inflation go up? By my pro-capitalist lights, a free market could have zero inflation and almost full employment. I told the teacher my problem with the Phillips Curve; he explained that if all the unemployed people died, so that there was technically now 0% unemployment, the curve would “shift” to account for the new situation. Something like that. But that is cheating, just moving the goal post. It means it’s not really a curve, not really a relationship that explains anything.

When I discovered Austrian economics–mainly of the Misesian, Rothbardian, and Hoppean variety, I started to love economics.

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State Hypocrisy on Anti-Bribery Laws (2011)

From the Mises blog:

 

In 1977 the US enacted the Foreign Corrupt Practices Act (FCPA), which makes it a crime for American citizens and businesses to bribe foreign public officials for business purposes. It also imposes certain accounting standards on public US companies, which I wrote about in a 1994 legal article, “The Accounting Provisions of the Foreign Corrupt Practices Act.” The hypocrisy of the law is blinding: it’s okay for the state to bribe (and extort and coerce) private business by means of threats, subsidies, tax breaks, and protectionist legislation; it’s okay for businesses to bribe elected officials (campaign contributions); and it’s okay for the US central state to bribe foreign governments; and it’s okay for US companies to be forced to pay bribes in the form of taxes, that are less than the amount of bribes they would have to pay to foreign officials. But it’s not okay for US companies to bribe foreign officials–even if this is customary and essential to “doing business” in that country, and even if this puts American businesses at a competitive disadvantage with companies from other countries that do not prohibit such bribery–some countries even permit such bribes to be reported as an expense for tax purposes.

As Lew Rockwell notes in Extortion, Private and Public: The Case of Chiquita Banana,

Paying bribes and being subject to this kind of extortion is just part of what it takes to do business in many countries. This might sound awful, but the truth is that such payments are often less than the companies would be paying to the tax man in the US, which runs a similar kind of extortion scam but with legal cover.

In fact, it was the Bananagate scandal (in which Chiquita Brands had bribed the President of Honduras to lower taxes) which helped to spur passage of the FCPA.

Naturally American businesses squealed at the competitive disadvantage this law imposed on them. So of course, instead of repealing this ghastly law, the US used its legislative imperialism to force other countries to adopt similar laws (it also twists the arms of other countries in a number of areas, including IP (see my post Intellectual Property Imperialism), antitrust law, central banking policies, oil & gas ownership by the state, environmental standards, labor standards, tax levels and policy, and so on). It did this mainly by pushing the OECD Anti-Bribery Convention, now ratified by 38 states which are required by the Convention to implement FCPA style laws nationally. The UK has just done so in The UK Bribery Act, which just came into force this month. According to this Freshfields release, the UK Bribery Act is “the most far-reaching bribery legislation in the world.” The spread of such laws prove the Whig Theory of History is wrong…

{ 3 comments… read them below or add one }

David C July 10, 2011 at 11:03 am

US bureaucrats amaze me. So many of them apparently have the moral dignity to refuse a direct bribe, but when it comes to attacking and imposing a frivolous and useless burdens on otherwise honest citizens, they think nothing of it. Not to mention their elected bosses, take regular publicly documented campaign contributions.

Makes me wonder if Mexico isn’t more free than the USA is. Even though they take bribes, it’s almost sure to cost less than the US regulations and taxes, and their official government spending is less than 20% of GDP.

REPLY

J. Murray July 11, 2011 at 12:49 pm

You should see the gift rules for federal workers. Uncle Sam will throw a hissy fit if a worker accepts a $21 shirt, but allowing Congressmen to collect $5,000 per donor is no big deal.

REPLY

Walt D. July 10, 2011 at 12:10 pm

Excellent article Stephan.
The hypocrisy of the US Government in this area is so brazen.
I watched “Frontline Season 27, Ep. 11 “Black Money”” (on Amazon Instant Video).
They were complaining about a Saudi Prince who was using a government plane for personal use! His major “crime” was to paint the plane in Dallas Cowboy colors! (I don’t think he used it to play golf or visit people to collect bribes – err “campaign contributions”.)

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My uFollow Channel

uFollow has created a page to index and follow my articles and blogs at Mises and my personal page here: http://www.ufollow.com/authors/stephan.kinsella/. Nice service. I have asked them to update some info and add feeds to my blog posts at C4SIF and The Libertarian Standard too. I dimly recall that I also occasionally blog at other places (Libertarian Papers, Against Monopoly, HansHoppe.com, Property and Freedom Society, KinsellaLaw.com), but let it pass.

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Down with the Fourth of July

[From my Webnote series]

For reasons why, see my post Happy We-Should-Restore-The-Monarchy-And-Rejoin-Britain Day!.

Related: Hans-Hermann Hoppe, “Introduction” to Democracy: The God That Failed

See also my related posts:

See also:

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This post from the “Absurd Results: Econ, Law, Sports, and Politics” blog picks me as the top choice for a Ron Paul Supreme Court nominee (others: Richard Epstein, Alex Kozinski, Randy Barnett, Janice Rogers Brown). I’m honored, and in some alternate reality, I’m getting impeached for my first “unconstitutional” ruling 🙂

See also: Andrew Napolitano for Chief Justice; Kinsella for Associate Justice; Higher Law.

 

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I’m working on a book containing an edited collection of my essays on libertarian theory. The working title is The Ethics of Action: Fundamentals of Libertarian Legal Theory–the main title borrows from the titles of two Rothbard books: The Ethics of Liberty and The Logic of Action (a remaining permutation was taken by Buchanan in his The Logic of Liberty). The title evokes a recurring theme or goal of my writing—of libertarian theory in general: an exploration of the  ethics that guide action, and of ethics implied by certain classes of action.

Trusted friends advise me it’s a bad title–dull and pompous. I think I need a better title: something more exciting. The title Hoppe’s Democracy: The God that Failed is an example of a nice title, as is the title for Jeff Tucker’s books It’s a Jetsons World: Private Miracles and Public Crimes, as well as his Bourbon for Breakfast: Living Outside the Statist Quo.

I already have an image I want to use for the cover, discussed here. But I need a better title. The book is basically an edited collection of my articles about foundations, extensions, and applications of libertarian theory and basic principles. Most of the articles involve arguments about the nuts and bolts of libertarian theory and principles, informed by Austrian, Rothbardian, and anarchist principles, and all heavily revolving around property rights, justice, and the non-aggression principle.

Suggestions welcome!

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Great Billy Madison Quote on Stupidity

This is how I feel when I argue with liberals, opponents of nuclear power, conspiratoids, and IP advocates:

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Slate’s Metcalf on Libertarianism and Nozick

From the Mises blog (archived comments below):

Slate’s Metcalf on Libertarianism and Nozick

JUNE 22, 2011 by 

Slate’s Culture Gabfest is one of my favorites, even though the main host, Stephen Metcalf, on occasion lets his noxious, smug statism leak out. Witness his recent essay about libertarians and Robert Nozick. It’s already been roundly thrashed–see Will Wilkinson, The EconomistWhen the levee breaks; Matt Welch, Some Factual Errors in the Latest Slate Attack on LibertarianismGordon on Nozick on Slate. In his article and in the podcastdiscussing it, Metcalf claims Nozick recanted his libertarianism. This is not true. He merely said he thought parts of it were inadequate. And later he made clear he had not recanted it at all (see Gordon’s piece).

There are so many errors in Metcalf’s piece it’s difficult to know where to begin, but thankfully the bloggers noted above or linked in their posts have made a good start. But for instance he mischaracterizes the brilliant Wilt Chamberlain example that demolishes the case for egalitarianism, and, if I read him correctly, even seems to insinuates a racist aspect to the example:

“Wilt Chamberlain” is an African-American whose talents are unique, scarce, perspicuous (points, rebounds, assists), and in high demand. We feel powerfully the man should be paid, and not to do so—to expect a black athlete to perform for (largely) white audiences without adequate compensation—raises the specter of the plantation.

I cannot be sure  Metcalf is indeed insinuating the example only has appeal to racists, or that Nozick had hidden racist messages here–I don’t want to accuse someone even of race-baiting unfairly; but detect a bit of this here. Yet there is nothing racist about the example. As Gordon explains,

Metcalf’s understanding of the Wilt Chamberlain example is flawed. The example doesn’t assume that Chamberlain has negotiated with the team’s owner to receive part of the ticket price. To the contrary, those who want to see him play voluntarily pay 25 cents to do so. The point of the example is that to preserve a pattern of distribution—say equality—requires substantial interference with the free choices that people make from a distribution that according to the patterned theory itself is a just one. The example doesn’t at all depend on assuming perfectly competitive markets. Rather, it aims to show that patterns upset liberty.

As for other problems with Metcalf’s essay, other than those handled by other critics already: first, he assumes Nozick makes the most respected case for libertarianism, the one that has to be taken down–thus, showing he recanted is important. Well maybe Nozick is the only one taken seriously in academia, but so what? There’s a reason for this,  Radical libertarians do not see him this way. In fact Nozick was a somewhat the dilettante, not that radical, and Anarchy, State and Utopia was an argument for the legitimacy of the state (albeit a minimal one), not an argument for radical anarchy. See, e.g., Murray Rothbard’s Robert Nozick and the Immaculate Conception of the State. Rothbard was the real libertarian radical; Hoppe does great job comparing and contrasting the approaches of Nozick and Rothbard in Murray N. Rothbard and the Ethics of Liberty:

Nozick’s method rather made for interest and excitement of a particular kind. Rothbard’s The Ethics of Libertyconsisted essentially of one successively and systematically drawn out and elaborated argument, and thus required the long sustained attention of its reader. However, a reader of Rothbard’s book could possibly get so excited that he would not want to put it down until he had finished it. The excitement caused by Anarchy, State, and Utopia was of a very different kind. The book was a  series of dozens of disparate or loosely jointed arguments, conjectures, puzzles, counterexamples, experiments, paradoxes, surprising turns, startling twists, intellectual flashes, and razzle-dazzle, and thus required only short and intermittent attention of its reader. At the same time, few if any readers of book likely will have felt the urge to read it straight through. Instead, reading Nozick was characteristically done unsystematically and intermittently, in bits and pieces. The excitement stirred by Nozick was intense, short, and fleeting; and the success of Anarchy, State, and Utopia was due to the fact that at all times, and especially under democratic conditions, there are far more high time-preference intellectuals—intellectual thrill seekers—than patient and disciplined thinkers.[18]

Despite his politically incorrect conclusions, Nozick’s libertarianism was deemed respectable by the academic masses and elicited countless comments and replies, because it was methodologically non-committal; that is, Nozick did not claim that his libertarian conclusions proved anything. Even though one would think that ethics is—and must be—an eminently practical intellectual subject, Nozick did not claim that his ethical “explorations” had any practical implications. They were meant to be nothing more than fascinating, entertaining, or suggestive intellectual play. As such, libertarianism posed no threat to the predominantly social-democratic intellectual class. On account of his unsystematic method—his philosophical pluralism—Nozick was “tolerant” vis-à-vis the intellectual establishment (his anti-establishment conclusions notwithstanding). He did not insist that his libertarian conclusions were correct and, for instance, socialist conclusions were false and accordingly demand their instant practical implementation (that is, the immediate abolition of the democratic welfare state, including all of public tax-funded education and research). Rather, libertarianism was, and claimed to be, no more than just an interesting thought. He did not mean to do any real harm to the ideas of his socialist opponents. He only wanted to throw an interesting idea into the democratic open-ended intellectual debate, while everything real, tangible, and physical could remain unchanged and everyone could go on with his life and thoughts as before.

(Metcalf also implies Nozick was the only respected academic who argued for libertarianism–oh? what about Hayek (LSE), Richard Epstein (Chicago) and Milton Friedman (Chicago)?)

In the podcast, Metcalf also says he views libertarianism as “hateful.” Oh really? Tolerance for others, a willingness to respect their rights to their bodies and property is hateful? In the podcast he also implies  libertarianism was ascendant in the 70s–hello, Nixon severed the tie to gold in the 70s. He also seems to imply that the failure of Keynesinianism to explain stagflation in the 70s helped undermine libertarian thought–what the libertarian-predicted failure of Keynes’s socialist ideas has to do with the failure of libertarianism is anyone’s guess. Likewise, Metcalf’s insinuation that the 2008 financial crisis showed the breakdown of libertarianism is confused; this was a culmination of state interventionism, of course, not the fault of human freedom and free markets. And in his piece he holds up Margaret Thatcher as some avatar of libertarianism, and mangles her comment about society:

Take Margaret Thatcher’s infamous provocation—”There’s no such thing as society”—with its implication that human beings are nothing more than brutishly competitive atoms.

This does not imply this at all. It merely recognizes that society is just a concept denoting the activities and interrelationships of actual individual human beings; that individuals do exist and are the primary social unit. It is a call to not be misled by metaphors or sloppy philosophy into overriding the rights of human beings in the name of higher-order concepts like “society.”

In essence, Metcalf’s arguments are just like those of conservatives (which is why I’m a libertarian). The basic argument (of both Metcalf and conservatives) is: “well of course we believe in individualism, individual rights, property rights, free markets–it’s just that it’s not our “only value.”” By this trick they are able to argue for state violence against innocent people. Libertarians are the ultimate liberals because we are tolerant of differences, and respect individual rights. We will never condone physical violence used against innocent individuals. Talk of “other values” “in addition to” “individual rights” is a smuggled, dishonest, indirect way of saying that in some cases it’s okay for the institutional violent force of the state to be brought to bear on innocent people. Obviously, that is not liberal. It’s illiberal. That’s why it has to be disguised. Instead of saying “normally I’m against the commission of violent criminal aggression against peaceful, innocent individuals, I condone it in some cases for the purpose of what to me is a higher value”–which is what the private criminal and the sociopath and the genocidal tyrant also say, of course–they word it differently, to cover this up, just like a cat with his mess in the litter box or a politician on the stump: “We’re in favor of individual ‘autonomy’ but we are ‘also’ in favor of ‘other values.’ We need to ‘balance’ these values for the overall good.” I.e., to make an omelet, you have to break a few eggs.

My basic view is a libertarian is a liberal who is not economically illiterate, and who is not overly caught up in loosey-goosey non-rigorous liberal arts “metaphors” (eg about “society” and “individuals” etc.).

Update: For more commentary:

And the best response so far: Daniel Jepson, A Review of Stephen Metcalf’s critique of libertarianism. Excerpt:

And the most devastating response so far to Steve’s attempt to criticize libertarainsism: “Thus far, we have seen that with his article’s main thesis, Mr Metcalf has managed to achieve the rarely-seen Triple Crown of rhetorical failure: his central (indeed, titular) fact – that Nozick “abandoned” the libertarian movement – is simply wrong; his implication that this fact, were it true, would deal a significant blow to the libertarian edifice rests on a risibly shallow understanding of the history of libertarian ideas; and finally, his attempt to drive further nails into the coffin of ASU via his own analysis is based entirely on a misunderstanding of the Nozick’s argument.”

See also Jepson’s A Response to Stephen Metcalf’s Critique of Libertarianism, Part 2.

Metcalf’s response to critics: Responding to the critics of my essay on Robert Nozick, the philosophical father of libertarianism.

Sheldon Richman’s devastating reply: Of Malice and Straw Men: Another empty attack.

***

Comments:

{ 7 comments… read them below or add one }

 twv June 22, 2011 at 8:28 pm

Great piece, and: I agree. But…
The “but” applies to H.H.Hoppe’s long quote, which has patent nonsense in it. The whole business about Nozick’s argument not having “practical consequences” is absurd. I mean this. It runs against the grain of things we know Nozick said. It stands in stark contrast to the whole point of the book: people have rights, the state is justified if it defends those rights, and it is admirable and praiseworthy and, well, glorious, to defend such a state, which has a major social function: providing a framework for utopian experimentation in human betterment.
I have an idea of why Hoppe would write what he writes, in part because of Nozick’s playful style. Which he misunderstands. But it is nevertheless the case that Nozick took liberty quite seriously, and he thought his argument clearly made a case for something with a great deal of ethical weight.

REPLY

David Gordon June 22, 2011 at 9:58 pm

I slipped; it is “liberty upsets patterns”, not “patterns upset liberty”.

REPLY

 Stephan Kinsella June 23, 2011 at 8:51 am

My reply to MEtcalf on the Culturefest Facebook page: http://www.facebook.com/Culturefest

Metcalf:

Slate’s Culture Gabfest
Heya –Stephan, as always, great to hear from you, and delighted we didn’t lose you on this issue. I’ll be addressing the “factual error” meme on Slate later today/tomorrow. In the meantime, YES, I don’t think Nozick was necessarily a big inspirer of the movement –correct me if I’m wrong, but he is vastly secondary to Hayek. (I will be writing an essay on Hayek.) However, I have to add, the idea that Nozick did not repudiate libertarianism in ’89 is going to make people look foolish for promoting it. That essay is thoughtful, not short, and unequivocal; and though he may have tacked back in a later interview, he was quite definite in print in The Zig Zag of Politics. Anyone who thinks they have me in a gotcha ought to read it before they pipe up. (SM)

Steve, of course you didn’t lose me. I already knew your politics. And we libertarians are a tolerant bunch… :) I think what bothered me most was your comment in the podcast that you find libertarianism “hateful.” This is extremely unfair, I believe, and uncharitable; the rest is more of a substantive disagreement. But libertarians as one of your critics pointed out work tirelessly to defend the rights of others–those in jail for drug crimes, those impoverished by state policies, victims of war, etc. So the “hateful” comment boggles the mind.

Re Nozick: I am aware he somewhat repudiated libertarianism, but you seem to exaggerate its extent, and its relevance, and ignore later recantations of the “recantation.” In any case it does not matter; it’s like a reverse appeal to authority.

I think you are wrong to say he was secondary to Hayek. I think he is very very low on the spectrum of libertarian influences. I agree w/ Payne who writes “I’ve been active in libertarian circles for nearly a decade now. I work for a free market think tank. I probably know around 1,000 libertarians personally. Yet I have not heard even a single person credit Robert Nozick for making them a libertarian. I’ve heard all the others–more times than I can count–but Nozick comes up only occasionally as an influence and never as the decisive one.”

That is my experience too. Especially among radical libertarians, we OPPOSE Nozick’s attempt to JUSTIFY the state. And remember, Nozick nowhere even argues for libertarian rights: he starts out assuming there are rights (side constraints). So his whole case is hypothetical: assuming there are rights, even this does not stop a state from emerging (albeit a minarchist one). So it is not a defense of libertarian rights at all, and not even a defense of libertarianism. It’s a defense of the state.

As I mention in my post about this http://blog.mises.org/17383/slates-metcalf-on-libertarianism-and-nozick/ , Rothbard, the key libertarian, levels a devastating critique of Nozick in Robert Nozick and the Immaculate Conception of the State. Rothbard was the real libertarian radical; Hans-Hermann Hoppe does great job comparing and contrasting the approaches of Nozick and Rothbard in Murray N. Rothbard and the Ethics of Liberty, which is the introduction to the 1998 version of Rothbard’s seminal book. (links are in that post).

As you can see in Brian Doherty’s fantastic book Radicals for Capitalism, http://www.amazon.com/Radicals-Capitalism-Freewheeling-American-Libertarian/dp/1586483501 , the main libertarian influences have been Hayek, Ayn Rand, Ludwig von Mises, Milton Friedman, and Rothbard. And last century, people like Henry Hazlitt, Albert Jay Nock, Leonard Read; of late, people like Lew Rockwell and Ron Paul. I mean Nozick simply does not rate as a major influence. This is just empirical and factual. Yes, I read ASU in my early libertarianism but partly that is b/c I’m into scholarly and academic stuff; most libertarians I know have not.

In short, you took the wrong libertarians to attack. You should have gone after Rothbardians.

as for recanting–it is rare among libertarins, as you may konw; far more often do liberals see the light and move in our direction–if ideological movement has any relevance.

Finally–for another interesting libertarian “recanting” story, see that of Roy Childs http://en.wikipedia.org/wiki/Roy_Childs — he wrote a famous letter to Ayn Rand in the 70s about why she should be an anarcho-capitalist; later he recanted of his anarchism, but without explaining why.

Other libertarinas I’ve heard of somewhat recanting include Morris Tannehill, who wrote the famous The Market for Liberty; and Victor Koman, libertarian sci-fi author. And of course the Objectivists, many of them are more war-mongers than “libertarians.”

REPLY

Bob Roddis June 23, 2011 at 4:42 pm

It seems to me that the non-initiation of force is a necessary precursor to civil society. The suggestion that it is “hateful” is just silly and suggests a complete incomprehension of its implications.

REPLY

Daniel June 26, 2011 at 11:52 am
Bob Roddis June 26, 2011 at 1:16 pm

If you haven’t done this yet, listen to the accompanying Slate Podcast with Metcalf here:

http://www.slate.com/id/2295829/?wpisrc=obinsite

The Nozick discussion starts at the 14:15 mark. It’s clear from this discussion that Mr. Metcalf and his lady pals are clueless. He doesn’t write about Rothbard or the ABCT because he knows absolutely nothing about them. I’m shocked.

REPLY

Daniel June 29, 2011 at 11:08 am

***

Update: Jason Kuznicki:

Capitalist Acts between Consenting Adults

Even Robert Nozick gave up on libertarianism,” says Stephen Metcalf, more or less. “So what’s wrong with you?” (Aside, of course, from the fact that Nozick didn’t give up.)

I probably should hesitate before declaring my allegiance to the evil league of evil. But you’re reading this at the Cato Institute, so it may be too late for that. Metcalf’s piece falls into a large and (sadly) growing category for me, one labeled “People Condemning Libertarians for Strange Things That Never Occurred to Anyone, Let Alone to Us.”

It never occurred to me, for example, that by citing Wilt Chamberlain as someone who became wealthy in a morally blameless way, Robert Nozick was playing the race card. Metcalf writes:

“Wilt Chamberlain” is an African-American whose talents are unique, scarce, perspicuous (points, rebounds, assists), and in high demand. We feel powerfully the man should be paid, and not to do so—to expect a black athlete to perform for (largely) white audiences without adequate compensation—raises the specter of the plantation.

Raises the specter of the plantation? Does it now? Let’s generalize: Your forcing anyone to perform without what they consider adequate compensation should raise that same specter. If someone is going to perform for you, they must do it for a wage that they consider adequate, whether their “performance” is a show of basketball prowess or just working on an assembly line.

If they don’t like the wage, they should be free to seek a better one. If the employers pay a giant wage, and if they do so because they really, really like the work, then that’s also their right.

Those who want to interfere – to tax wages, to restrict entry or exit, or to prohibit whole lines of work – they are the ones who bear the burden of proof. Not the willing buyers and sellers of labor. That’s what Wilt Chamberlain’s example is supposed to show.

Maybe you’re not ready to go whole-hog and declare that taxation is theft. Eh, fine. Still, taxation should make all of us pretty uncomfortable, especially when we look at its philosophical implications. The arguments that justify taxation might actually be unavoidable—truthfully, I wouldn’t know how to run a government without them—but that doesn’t make them any less dangerous.

Of the many errors in a long and error-ridden article, I think the worst has to be the idea that libertarians hold all concentrations of wealth to be good. As long, I infer, as we gather it in sufficiently large heaps. Metcalf writes:

But being a star athlete isn’t the only way to make money. In addition to earning a wage, one can garnish a wage, collect a fee, levy a toll, cash in a dividend, take a kickback, collect a monopoly rent, hit the superfecta, inherit Tara, insider trade, or stumble on Texas tea. For each way of conceiving wealth, there is at least one way of moralizing its distribution. The Wilt Chamberlain example is designed to corner us—quite cynically, in my view—into moralizing all of them as if they were recompense for a unique talent that gives pleasure; and to tax each of them, and regulate each of them, according to the same principle of radical noninterference suggested by a black ballplayer finally getting his due.

This is simply wrong. For a libertarian, it’s only Wilt Chamberlain’s particular type of wealth that is morally blameless, not all the rest. Which kind is his? The kind acquired through voluntary transactions, without coercion or fraud. The kind that comes from Nozick called capitalist acts between consenting adults.

Some wealth is blameless. Some isn’t. And yes, some cases are truly hard to judge: Is Wal-Mart a free-market success story? Wellll…. kind of. But what about all those special tax privileges? What about that eminent domain abuse?

Wilt Chamberlain makes a good example not because he’s a black man struggling sympathetically in a white man’s world. His example is useful because it strips away every possibility of force, fraud, corporate welfare, and government favoritism. When we do that, we can see that it’s still possible to grow wealthy through honest, voluntary methods. That’s a valuable insight, even if you don’t necessarily agree with everything else Robert Nozick ever wrote. (Don’t sweat it; I don’t either.)

Finally, Metcalf strangely neglects Chamberlain’s fans. When we talk about Wilt Chamberlain’s right to collect a paycheck, it’s partly because he’s highly visible. But we should not forget that when we take away that paycheck, we also take away an entertainment choice for millions of ordinary people.

If we remove enough choices like these, we won’t merely have made life less cushy for the talented. We’ll also have made it a lot poorer for the rest of us. We could be taking away not just basketball, but breakthroughs in science, technology, and the arts. And why? Because someone found someone else’s voluntary transfer of wealth distasteful. That shouldn’t be much of a reason.

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Me in a robe, 1991

Walter Block has a LRC article up today, Andrew Napolitano for Chief Justice, where he lists lots of libertarian lawyers he’s aware of who would be potential candidates for Ron Paulian Supreme Court nominations, and his favorites, which include Judge Andrew Napolitano, Professor Richard Epstein, and yours truly.

See also my previous post, Reason on Who Should Reign Supreme?–or, Justice Kinsella.

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On the Danger of Metaphors in Scientific Discourse

[From my Webnote series]

From the Appendix to my post Objectivist Law Prof Mossoff on Copyright; or, the Misuse of Labor, Value, and Creation Metaphors, quoted below. See also “Objectivist Law Prof Mossoff on Copyright; or, the Misuse of Labor, Value, and Creation Metaphors”; “Hume on Intellectual Property and the Problematic “Labor” Metaphor”; “Thoughts on Intellectual Property, Scarcity, Labor-ownership, Metaphors, and Lockean Homesteading“; also Intellectual Freedom and Learning Versus Patent and Copyright, text at note 21.

See also related comments in Stephan Kinsella, Legal Foundations of a Free Society (Houston, Texas: Papinian Press, 2023), at

 

Appendix: On the dangers of metaphors in scientific discourse

The following observations and quotes assembled from previous email and other conversations re same:

See the following, from Mark Thornton’s The “Market” for Academic Research: this is a great quote; I think it would be a useful project to collect various comments on dangers of the use of metaphors into one place:

“For it would be an absurd undertaking to banish from the language of economic theory every manner of speaking that is not literally correct; it would be sheer pedantry to proscribe every figure of speech, particularly since we could not say the hundredth part of what we have to say, if we refused ever to take recourse to a metaphor. One requirement is essential, that economic theory avoid the error of confusing a practical habit, indulged in for the sake of expediency, with scientific truth.

–Eugen von Böhm-Bawerk, (1881), “Whether legal rights and relationships are economic goods.” In H. Sennholz (Ed.), Shorter classics of Böhm-Bawerk, Volume I. Spring Mills, PA: Libertarian Press, 1962, p. 135. As Mark noted on a list: “Bohm Bawerk took up this issue [of misuse of metaphors] in Shorter Classics. I quote him at the opening of this paper (attached). The whole public choice agenda is based on the use of market metaphors for government institutions.”

NSK:

I’ve long noticed the over- and mis-use of metaphors. For example Paterson or Lane’s use of “energy circuits” …. very scientistic. Similar to the way people talk about the “momentum” of a football game or the “energy” of a crowd or a crystal.

Or in the idea of mixing or owning labor, or owning ideas, or in the idea that prices “convey knowledge”.

Also, as I noted elsewhere: “Mixing labor” is horribly misleading and a sloppy metaphor: if I turn a piece of land into a farm, did I *actually* mix my labor? I mean, is there like an amount of labor “in” the soil? It’s really sloppy and imprecise.

I’ve always liked this observation of Huelsmann’s:

Only in a metaphorical sense could one say that prices reflect or contain information on present conditions. …

… It is asserted that prices communicate abridged relevant information. This, however, is only a metaphorical expression.

It is not prices that coordinate the actions of sellers and buyers of tin; prices are the outcome of (coordinated) action, not its coordinators. It is property, rather than knowledge, that coordinates the separate actions of different people. The terms coordination and communication rather obfuscate than adequately express this fact. This is another example of the dangers linked to the use of metaphors in scientific discourse.

From p. 29 of this article

And Rothbard:

“The term “consumers’ sovereignty” is a typical example of the abuse, in economics, of a term . . . appropriate only to the political realm and is thus an illustration of the dangers of the application of metaphors taken from other disciplines. “Sovereignty” is the quality of ultimate political power; it is the power resting on the use of violence. In a purely free society, each individual is sovereign over his own person and property, and it is therefore this self-sovereignty which obtains on the free market. No one is “sovereign” over anyone else’s actions or exchanges. Since the consumers do not have the power to coerce producers into various occupations and work, the former are not “sovereign” over the latter.”

On Mises:

“Mises rightly criticised treating imaginary things (collectives, analogies, metaphors, etc.) as real and warns us to be very cautious when using fictitious auxiliary constructs to explain things” —Benjamin Marks

Also, from others’ comments about this on an email discussion list:

Roderick Long:

“Ironically, in his memoirs Mises accuses Bohm-Bawerk (in their dispute over Cantillon effects) of being led astray by the idea of “friction” and other metaphors from the physical sciences.”

On a thread, I had written: “Right, and this is the danger of metaphors (BTW I wonder if anyone has examined this issue in any detail–? The dangers overuse of metaphors in scientific discourse?).” Roderick Long replied: “Right, such a study might be called “How Scientific Discourse is Being Savagely Bitten to Death by Rabid Metaphors.” Tom DiLorenzo’s reply:

“A fun paper (Vedran, are you listening?) would be to ridicule the metaphors in macroeconomics with all the talk of “injections,” “Leakages,” shocks,” etc. I would start by comparing it all to the movie Young Frankenstein, where they tried to “shock” the monster to life, just as “infusions” of money or tax dollars supposedly shock the economy out of a recession. Then when shock therapy didn’t work, Gene Wilder pulled out a giant needle and “injected” the monster, just as money is supposedly injected into the economy by the Fed. The possibilities are endless.”

John Brätland:

In this connection, I would put in a strong plug for Peter Lewin’s paper: “Methods and Metaphors in Capital Theory.” (Advances in Austrian Economics, vol. 2B).

I might add that important parts of Mises’ “Ultimate Foundations… ” and “Theory and History” deal with the issue of inapt and misleading metaphors in economic science.

See also The Problem with “Fraud”: Fraud, Threat, and Contract Breach as Types of Aggression, discussing problems resulting from uncareful use of concepts like “fraud” in libertarian reasoning.

Update: See also:

It is not particularly helpful to think of real and intellectual property as structurally unified. The differences matter significantly and resorting to rhetorical metaphors distracts attention from critical issues. As Judge (later Justice) Cardozo cautioned in 1926, “[m]etaphors in law are to be narrowly watched, for starting as devices to liberate thought, they end often by enslaving it.”

–Peter S. Menell, quoted here

For more on Böhm-Bawerk, as quoted in my book Legal Foundations for a Free Society (ch. 24).

Böhm-Bawerk makes a similar point about the necessity of continuing to use some inaccurate terms in economics. As he writes:

[We do aught but recognize that, from the economic viewpoint, such “goods” as family, church, love and the like are merely linguistic disguises for a totality of concretely useful renditions of service. …

No matter how clearly I may have proved that payment-claims and good-will relationships are not genuine goods, no matter how clearly I have therefore proved that, whenever, in practical economic life rights and relationships are bought and sold, it is not, in truth, those intangibles that are meant and are valued and transferred, but that actually it is material goods and renditions of service that are so dealt in; no matter, I say, how clear my proof, I am not going to pretend to believe that economic practice will submit to any slavish accuracy in the matter. It will in the future continue to be the custom, and rightly so, to say that A’s wealth consists in payment-claims, that B sold his good will for $50,000 to C, and that the state, the church and the family are valuable “goods.” Yes, I believe even economic theory will, quite properly, continue talking that same language because it is the language that all the world talks and understands. For it would be an absurd undertaking to banish from the language of economic theory every manner of speaking that is not literally correct; it would be sheer pedantry to proscribe every figure of speech, particularly since we could not say the hundredth part of what we have to say, if we refused ever to take recourse to a metaphor.

One requirement is essential, that economic theory avoid the error of confusing a practical habit, indulged in for the sake of expediency, with scientific truth. 1

He goes on:

I do make the request that economic theory, when it speaks ex cathedra about goods and categories of goods, substitute the two underlying associates, material goods and renditions of service, for the figurative appellations, “intangible rights” and “relationship-goods.” And I make the further request that, whenever it does employ figures of speech in mentioning these things as goods, it remain at least tacitly conscious of the figurative nature of its expressions. To put it briefly, I think that economic theory should always retain the exact truth in its armory and bring it forth at all times when there is any real necessity for doing so. If it does that, it may be permissible to retain the accustomed terminology of an outmoded error, just as we do in other fields. For do we not still speak of the sun “rising” and “setting,” of its “coming up” and “going down”?

  1.  Eugen von Böhm-Bawerk, “Whether Legal Rights and Relationships Are Economic Goods,” George D. Huncke, trans., in Eugen von Böhm-Bawerk, Shorter Classics of Eugen von Böhm-Bawerk (South Holland, Ill.: Libertarian Press, 1962 [1881]), pp. 173–75 (first emphasis added). []
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Hoppe on Property Rights in Physical Integrity vs Value

[From my Webnote series]

Note: This issue is discussed in Stephan Kinsella, Legal Foundations of a Free Society (Houston, Texas: Papinian Press, 2023). See, e.g., ch. 5, at n.16; ch. 8, at n.17; ch. 23, at n.27; ch. 25, at n.36. See also discussion of defamation law in my forthcoming chapter “Defamation Law and Reputation Rights as a Type of Intellectual Property,” p. 286 et pass.

Update: See Hoppe, Hans-Hermann and Walter Block, “Property and Exploitation,” International Journal of Value Based Management 15, no. 3 (2002): 225–36 (also in Walter Block, Iulian Tãnase & Bogdan Glãvan, eds., Building Blocks for Liberty: Critical Essays by Walter Block [Auburn, Ala.: Mises Institute, 2010]). Abstract:

The authors contend that what can legitimately be owned in a free society is only rights to physical property, not to the value thereof. You are thus free to undermine the value of our property by underselling us, by inventing a new substitute for our property, etc. But you cannot legitimately physically agress against our property, even if its value remains constant despite your efforts.

See also: Hoppe, “The Justice of Economic Efficiency,” in The Economics and Ethics of Private Property: Studies in Political Economy and Philosophy (Mises, 2006 [1993]), at 337–38:

Such proposals are absurd as well as indefensible. While every person can have control over whether or not his actions cause the physical integrity of something to change, control over whether or not one’s actions affect the value of someone’s property to change rests with other people and their evaluations. One would have to interrogate and come to an agreement with the entire world population to make sure that one’s planned actions would not change another per- son’s evaluations regarding his property. Everyone would be long dead before this could ever be accomplished. Moreover, the idea that property value should be protected is argumentatively indefensible, for even in order to argue, it must be presupposed that actions must be allowed prior to any actual agreement because if they were not, one could not even argue so. Yet if one can, then this is only possible because of objective borders of property, i.e., borders which every person can recognize as such on his own, without having to agree first with anyone else with respect to one’s system of values and evaluations. Rawls and Nozick could not even open their mouths if it were otherwise. The very fact, then, that they do open them proves what they say is wrong.

Update: see also

From Rand on IP, Owning “Values”, and “Rearrangement Rights”:

By viewing “values” as things that we create, Objectivists then think there should be property rights in values. They are things, after all, right? But this is a fundamental mistake. As I noted in Objectivist Law Prof Mossoff on Copyright; or, the Misuse of Labor, Value, and Creation Metaphors, a common mistaken belief is that one has a property right in the value, as opposed to the physical integrity of, one’s property. For elaboration, see pp. 139-141 of Hoppe’s A Theory of Socialism and Capitalism; also see my comments re same to Patents and Utilitarian Thinking. This assumption sneaks into or lies at the basis of many fallacious notions of property rights, such as the idea that there is a right to a reputation because it can have value. It ties in with the (especially Randian) notion of “creation” as the source of rights, and the confusing admixture of the “labor” idea, when we talk about using our labor to “create” things of “value” (like reputations, inventions, works of art). As Hoppe notes in The Economics and Ethics of Private Property: [continue reading…]

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