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[From my Webnote series]

Related:

[Note: this topic is also discussed in “Against Intellectual Property After Twenty Years: Looking Back and Looking Forward,” in Legal Foundations of a Free Society (Papinian Press, forthcoming 2023), Part III; also in “What Libertarianism Is,” in LFFS, p. 33.

See also “Goods, Scarce and Nonscarce,” in LFFS:

“Instead, the term scarcity here refers to the possible existence of conflict over the possession of a finite thing. It means that a condition of contestable control exists for anything that cannot be simultaneously owned: my ownership and control excludes your control.”

See also “Good Ideas is Pretty Scarce”

Update: Penner on Intellectual Property, Monopolies, and Property, p.69:  “So long as we conceive of a right to use in a social situation, in the real world, that is, the implications of that kind of right will raise issues about the rightfulness of excluding others, because the vast majority of the uses that a person will make of a thing are impossible if everyone tries to use the thing at the same time. Because we live in a world of scarcity there is an insufficient quantity of perfect substitutes for everything that people wish to use, and this cannot but give rise to conflict. Now, of course, some things are not scarce, and in some situations commons work (although in the case of commons, too, a large set of people is usually excluded), but this does not detract from the general point. The obvious solution is to link rights of use with rights of exclusion, and so we must look at the different exclusionary rights to which rights of use may be linked.”]

It’s been my impression that usually, when some author coins a bunch of new terms, or over-uses older, arcane terms, it’s a sign he’s a crank. 1 Usually it’s some amateur wannabe “intellectual,” or a quasi-mystic, who borders on incoherent. I figure you only get to coin a new term if you are some serious scholar and real genius pioneering new ground; and if you coin more than one, then the bar is even higher. For example Mises coined praxeology, catallactics and thymology, I believe. That’s at least 3. But hey, he is entitled; they all make sense, and he is one of the greatest geniuses and original thinkers of the 20th century.

Another neologism I like is “cooperatism,” coined by Hazlitt to describe what we call libertarianism. 2 Libertarianism has been somewhat coopted by minarchists and doesn’t really get at the essence of our property rights allocation rules, which are not directly about “liberty” or “freedom,” but about rules that permit conflict-free use of scarce (rivalrous) resources, and thus enable cooperation between human actors in a division and specialization of labor society or community. Anarchy is too broad since it covers non-libertarian anarchists, and anarcho-capitalist is too narrow. I tend to prefer libertarianism or anarcho-libertarianism, or if we want to get real specific, Austro-anarcho-libertarianism. In any case, “libertarianism” is preferable to “voluntaryism” (apparently also sometimes called “voluntarism“) since coerced action is “voluntary” but can still be unjust and aggression. 3 If you hand over your wallet to an armed robber, your action is voluntary, but you didn’t meaningfully consent to it. So the crucial criterion is whether a given action is consensual, not whether it’s “voluntary.” As Sheldon Richman observes,

A person can never transfer control of his will. It is inseparable. Nor can anyone directly control the will of another. A will can only control itself and no other. If Jones commands Smith to perform an action, the action will be performed only if Smith wills it. Threats of force notwithstanding, Smith has to exercise his will to perform the action.  Jones cannot exercise it for him. “[Nlo man can delegate, or impart, his own judgment or conscience to another ).” 4 In the strictest sense all actions are voluntary.” 5

So “consensualist” could be another good term for the freedom philosophy, but cooperatism is good too and libertarianism is fine for now. I’m too stubborn to give it up. Some annoying libertarian anarchists say things like “Oh, I’m not a libertarian—I’m an anarchist.” This is dishonest. Others who are obviously libertarians but shun the word for various reasons, such as “I prefer the term ‘liberal.'” Annoying. Just because you don’t “like” a word doesn’t mean you can unilaterally change its definition. As I often point out, all consistent libertarians are anarchist, 6 and all true anarchists are libertarian.

But we have to be careful with neologisms. Writers often abuse the privilege, like Hayek with nomos, thesis, taxis, cosmos—concepts and terms  almost no one really remembers or finds useful. I’ve come across others over the years but can’t recall the specifies… Voegelin with his “gnosticism,” others with “immanentizing the eschaton,” Galambos with his “primordial property,” blah blah blah.

Update:

Tweet:

Every time someone tries to rename libertarianism or introduce another framing or vocabulary, it’s like they think it’s all just a matter of branding or persuasion, that you can trick people into thinking or saying they are really libertarian–e.g. voluntyarism, live-and-let-live-ism, nations of sanity-ism, panarchy, private law society, cooperatism, consensualism, agorism, autarky, polycentrism, market-liberalism, and now aparactonomy … it ain’t gonna work. People may be confused and inconsistent and quasi-statist but they are not stupid.

See also:

[continue reading…]

  1. Amusingly, in a recent book, the author coins bizarre terms like “architectonics” and “kleristocracy,” and uses other terms like “sortition” or “a dominium in sortitio” in odd ways, and then notes

    We resist any usage of “communitarianism” for the project of this book. Despite its suggestive usefulness, it is freighted with associations to socialism and to the communitarianism of Amitai Etzioni—positions alien to architectonics. We are forced to the terms “architectonics” and “kleristocracy” not out of vanity for novelty or neologism, but in the confidence, as C.S. Peirce once suggested, that they would be “safe from kidnappers.”

    T.L. Hulsey, The Constitution of Non-State Government: Field Guide to Texas Secession (2022) (self-published, of course), n.11; and not online, of course; and under copyright, of course; and no citation to the Peirce quote, or to the Etzioni reference, of course. []

  2. See my post The new libertarianism: anti-capitalist and socialist; or: I prefer Hazlitt’s “Cooperatism”. []
  3. See also  The Problem with “Coercion”. []
  4. Quoting Lysander Spooner, “Letter to Thomas F. Bayard,” 1882. []
  5. Sheldon Richman, “The Absurdity of Alienable Rights” (January, 1989), p. 50, italics added; Richman on Inalienable Rights. []
  6. See What Libertarianism Is. []
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LIBERTARIAN ANSWER MAN TIME
Restrictive Covenants and Homeowners Associations (HOAs)

(From this Facebook post)

Related:

[Update: see Libertarian Answer Man: Restrictive Covenants, Reserved Rights, and Copyright; also discussed a bit in KOL354 | CDA §230, Being “Part of the State,” Co-ownership, Causation, Defamation, with Nick Sinard]

FROM C:

“Hello,
“I’ve recently taken interest in how you’ve structured arguments against IP from a pro-property position, they’ve been really helpful in working my way through things I intuitively understood, but needed a more-cohesive framework for.

“There is, however, something that has been bugging me since before I stumbled upon your stuff. Not related to IP specifically, but to property in general. I’m hoping you can fill me in because my own research has led me nowhere – I’m not a lawyer so I apologize if this is quite basic, as well as for the length of my email. [continue reading…]

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From this facebook post:

LIBERTARIAN ANSWER MAN TIME

MIND-BODY DUALISM, SELF-OWNERSHIP AND PROPERTY RIGHTS

FROM N:

“Hi Stephan, The other day, I was asked whether argumentation ethics presupposes a mind-body dualism since Hoppe makes the argument in A Theory of Socialism and Capitalism that nth-use property rights (when n != 1) can’t be justified since nth-use property rights would imply an nth-use of the body, which contradicts the presuppositions of argumentation. He explicitly states, “And this distinction can only be made in such a clear-cut and unambiguous way because for bodies…the separation between ‘mine’ and ‘yours’ is not based on verbal declarations but on action,” and, “The separation is based on the observation that some particular scarce resource had in fact…been made an expression or materialization of one’s own will, or, as the case may be, of someone else’s will” (A Theory of Socialism and Capitalism, pg 156). Isn’t Hoppe assuming that the body is something separate from the will which makes the separation between two bodies the same as any other separation of property (as a manifestation of one’s will), or am I misunderstanding him here?” [continue reading…]

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KOL373 | Against Intellectual Property (audiobook #2)

Kinsella on Liberty Podcast, Episode 373.

This is an audiobook version of my Against Intellectual Property. Narrated by RetroGames HQ. An earlier version is here: KOL008 | Against Intellectual Property (audiobook). Others audio versions of my work at https://stephankinsella.com/media/#audio-books.

Youtube playlist; first Youtube:

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Kinsella on Liberty Podcast, Episode 372.

Matthew Sands of the Nation of Sanity project (http://www.nationsofsanity.com/), which aims to promote the Non-Aggression Principle as a universal peace agreement, and I discussed various matters of libertarian legal theory, including the Rothbard-Evers title-transfer theory of contract versus contract as “binding promises” and the problem with the idea of “breach of contract”; and related matters such as burdens and standards of proof; civil vs. criminal law and the unity of the law; punishment, restitution and ostracism, and the like.

(See previous episode with Matthew, KOL362 | California Gold #6, with Matt Sands: Defining Libertarianism, Anarchism and Voluntaryism.)

Youtube:

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Areas That Need Development from Libertarian Thinkers

[From my Webnote series]

Related:

Jumps:

| Bankruptcy | NegotiabilityHow to privatize state-owned resources | Juristic vs. Economic Phenomenon | Co-ownership and Irregular DepositsLibertarian law/law codesOwnership of mechanical hardwareUnifying lawStrict liability The nature of fraudCredit and the Title-Transfer Theory of ContractAbandonment | Future Title TransfersFree Will and CausationSpecific Performance and Causation in ContractsPre-existing collective easements, homesteading, and enclosure movement, foreclosure, donuts | Absolute property rights, common law necessity, metanorms, rights as a subset of ethics | Imposing Risk and a Life Easement |

I tweeted: “One area that has not received much attention by libertarian theorists, that I know of, is bankruptcy. Still work to do!”

Someone asked me: “Do you have more topics without much attention from libertarian thinkers?”

My reply:

Yeah and I need to collect them.

But here are a few, off the top of my head.

Young scholars, take heed!

This list still be supplemented from time to time.

Update:

Stephan Kinsella, Legal Foundations of a Free Society (Houston, Texas: Papinian Press, 2023), ch. 25: “So the movement is about fifty or sixty years old. It’s a relatively young movement as far as ideologies and political philosophies go. We still have our disagreements over certain controversies like abortion and other issues. But a lot of progress has been made in the last fifty years. We’ve had a lot of development, partly because of incessant libertarian internal debate, criticism by outsiders, criticism by minarchists, criticism by insiders.”

Rothbard: “Introduction to the First Edition,” in Egalitarianism as a Revolt Against Nature, 2d ed. (2000), pp. xvi–xvii:

In my own particular case, the major focus of my interest and my writings over the last three decades has been a part of this broader approach—libertarianism—the discipline of liberty. For I have come to believe that libertarianism is indeed a discipline, a “science,” if you will, of its own, even though it has been only barely developed over the generations. Libertarianism is a new and emerging discipline which touches closely on many other areas of the study of human action: economics, philosophy, political theory, history, even—and not least—biology. For all of these provide in varying ways the groundwork, the elaboration, and the application of libertarianism. Some day, perhaps, liberty and “libertarian studies” will be recognized as an independent, though related, part of the academic curriculum.

/li>

See also:

The Limits of Libertarianism?: A Dissenting View:

Libertarianism is a young discipline—about 50 years old. It is still developing. There is disagreement on a number of issues, such as this one. It is not embarrassing that it does not have everything figured out yet, or that there are still disputes. Singling out two authors and saying this perspective is the fault of the framework makes little sense. Prominent anarchist libertarian Stefan Molyneux has railed against spanking, as have a growing number of (mostly anarchist) libertarians in the Peaceful Parenting movement (and I’ve spoken out against it too). In any case, libertarians are no worse than most people or other political philosophies on this issue.

Libertarianism After Fifty Years: What Have We Learned?:

So the movement is about 55, 45 years old. It’s a relatively young movement as far as ideologies go and political philosophies go. We still have our disagreements over certain controversies like abortion and other issues. But a lot of progress has been made in the last fifty years. We’ve had a lot of development, partly because of incessant libertarian internal debate, criticism by outsiders, criticism by minarchists, criticism by insiders. But at the fifty year stage, I do think it is a good time to step back and reflect and think what have we learned over the last fifty years. How we could use this going forward to further refine and develop our ideas.

 

 

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The Three Fusionisms: Old, New, and Cautious

The modern libertarian movement is about 50 or 60 years old, 1 although its origins have been traced to previous intellectual eras and movements such as classical liberalism (and the US Founding Fathers, the Constitution, etc.), the “Old Right,2 and even the anti-state/anarchist left.

Strategically and tactically, libertarians in our fledgling political philosophy have attempted various types of alliances with both the left and the right. On attempts to ally with the left, see, e.g., the journal co-founded by Rothbard, Left and Right: A Journal of Libertarian Thought, and John Payne, Rothbard’s Time on the Left.

As for attempt to form tactical or intellectual alliances between libertarianism and the right, we can trace three attempts at a so-called “fusionism”. [continue reading…]

  1. See Kinsella, “Foreword” to Chase Rachels, A Spontaneous Order: The Capitalist Case for a Stateless Society (2015). []
  2. See, e.g., on the old right, Murray N. Rothbard, The Betrayal of the American Right. []
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Kinsella on Liberty Podcast, Episode 371.

This is my presentation (audio only) at the Austrian Economics Discord Conference: “The Enduring Importance of the Austrian School,” Austrian Economics Discord Server (Jan. 8–9, 2022). My presentation was “Law: Decentralized and Centralized” (Jan. 8, 2022).

Other speakers included:

– Jeff Deist
– Walter Block
– Peter Klein
– Per Bylund
– Patrick Newman
– Jonathan Newman
– Matthew McCaffrey

Youtube:

Original Youtube

Related links:

Further resources:

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I’ve long argued that you can’t sell yourself into slavery by contract. See KOL004 | Interview with Walter Block on Voluntary Slavery.

Also: Some of my writing relevant to this topic and our discussion include:

[continue reading…]

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ImageKinsella on Liberty Podcast, Episode 370.

This is my appearance in an “Ask Me Anything” for the Lib-Right League Discord Server, with host Logan. Recorded Jan. 6, 2022. We discussed a variety of topics.

My youtube:

Their youtube:

 

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This is a post by my friend Juan Carpio from our now-moribund group blog, The Libertarian Standard. I paste the whole thing plus comments since I had some extensive comments there.

Four questions for “anti-capitalist” libertarians

Sheldon Richman, one of the best libertarian writers of the last decade and an all around excellent human being (I’m a grateful person and as my teacher at FEE in 2003, I must say he was by far the most fun and persuasive of the lecturers in an already very good set of speakers) has jumped on the wagon of the Left-‘libertarians’ latest initiative to decry and abandon the use of “Capitalism” as a term by our movement.

Hereby I would like to address his post at The Freeman [archived comments] [both reproduced below] but also his subsequent retorts on Facebook to my objections on such a linguistic and strategic initiative, by asking him and others including Gary Chartier, Roderick Long and Kevin Carson these four questions: [continue reading…]

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KOL369 | Soho Forum IP Debate Post-Mortem with Greg Morin

Kinsella on Liberty Podcast, Episode 369.

Whereupon I do the rare original episode. In November I  debated Richard Epstein in New York, at the Soho Forum, on intellectual property (patent and copyright). My friend Greg Morin (website; Twitter; Mises) accompanied me and we had a great time in NYC. In this episode, Greg and I do a post-mortem about the debate and touch on IP topics I didn’t have time to address in the main debate. Some pix below.

Related links:

Some photos from the NYC trip below:

[continue reading…]

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