https://libertarianism.uk/2025/03/30/the-illiberal-nature-of-limited-liability-stephan-kinsella-replies/The question I have been set is why, if it is as wonderful as I claim, capitalism produces immense inequalities and waste? Why is it so harmful to the environment? Since the purpose of the question appears to be a requirement for me to explain in more detail certain points I have argued in class, I hope I shall be forgiven for putting aside its exact wording in favour of what I think a more productive question. Before doing this, even so, I will make some effort to deal with question as set—even if my effort here will be brief.
The argument from inequality is easily answered. If one looks at the Lorenz curves for those countries that have economies based even slightly on free market principles, they show more equality than those countries that do not allow free markets. The correlation between economic freedom and prosperity is undeniable. Consider, for example, Switzerland and South Korea—two countries where markets are moderately free. Both have high GDP per capita and a large middle class. Compare them to command economies such as North Korea or Venezuela, where wealth is concentrated in the hands of the political elite, and the general population is impoverished. To be precise, capitalist countries, by any honest measurement, both richer and more equal than non-capitalist countries.
This is my appearance on Adam Haman’s podcast and Youtube channel, Haman Nature (Haman Nature substack), episode HN 109, “Stephan Kinsella Expounds on Philosophy And The Life Well Lived” (recorded Feb. 6, 2025—just before the Tom Woods cruise). We discussed philosophy and rights; my legal and libertarian careers (see Adopting Liberty: The Stephan Kinsella Story), and so on.
Adam’s Shownotes:
Adam interviews patent attorney, philosopher, legal theorist and libertarian anarchist Stephan Kinsella about his life, his works, and what’s next for the great man! 00:00 – Intro. 01:21 — Does Stephan believe there is a level of technology required for “Ancapistan” to “work”. 07:42 — Adam has issues with the “is/ought” gap and asks Stephan for help on the matter. 25:42 — The life and times of Stephan Kinsella. Great stuff! 50:55 — Have questions about legal careers? Reach out to Stephan with questions! 52:02 — Outro. Thank you for watching Haman Nature!
A little biography of mine was just completed: Alan D. Bergman, Adopting Liberty: The Stephan Kinsella Story (2025) (pdf; epub). I’m not going to offer paper copies for purchase but the PDF and epub files are online for those interested. Jeff Tucker just tweeted it to his large following so I suppose I might as well blog it here. This was prepared for family and close friends; I was on the fence about posting this, for fear of appearing self-indulgent or narcissistic, but I really don’t care what people think and I figured some people might find it of interest. I know at least one guy is 🙂
Where are the best pracitical suggestions along those lines – if any of you know and are willing to share?
My personal view is that in the long run the only that that can work is economic literacy. Thus we need to educate people; and one way to do it is to support the Mises Institute, and to keep spreading a consistent, principled message of liberty. We can keep learning, both to improve ourselves and to improve our ability to persuade. And by improving ourselves we help present “one improved unit” to society, thus helping to win over people to our other views by the power of attraction.
I would recommend not deluding oneself that we can “win” once and for all; or that winning is all that matters. That way lies the perils of self-delusion, compromise, despair, disengagement, and activism (see my The Trouble with Libertarian Activism). [continue reading…]
Regarding various new or increased or changed tariffs being proposed by Trump: of course free trade is good and the US should unilaterally abolish tariffs. 1 (I seem to recall other arguments for unilateral free trade—perhaps by Mises, Rothbard, Hazlitt, Friedman—but cannot find them; if anyone recalls any of these please notify me.)
The uncertainty faced by businesses and actors in the US as a result of these changes is simply one consequence of the state having the very power to legislate. [continue reading…]
As noted in this Grok conversation, the US Supreme Court assumed the power to review legislation for constitutionality in Marbury vs. Madison—the power of judicial review. In this case, the Court was asked to issue a writ to place Marbury on a Court. The Court admitted he should be placed here but that the Judiciary Act of 1789, which seemed to give the Supreme Court original jurisdiction to issue such writs, was unconstitutional since it unconstitutionally expanded the Court’s original jurisdiction beyond what the Constitution specified. In other words, the Court appeared to decline a power but was only able to decline this power by assuming the power to review federal laws for constitutionality and declare them unconstitutional if found wanting. [continue reading…]
Interesting article on Mises Wire: “A Tale of Two Legal Systems: Common Law and Statutory Laws,” by Ugo Stornaiolo S.:
It was the best of the laws, it was the worst of the laws, it was built on freedom, it was built on power, it was the spontaneous order of organic social institutions, it was the deliberate order of ideology and coercion, it was a stream of jurisprudence guiding us to justice, it was a tangle of statutes pushing us to restriction.
In short, law, either jurisprudence or legislation, can only be understood by comparison, and adapting the introduction of A Tale of Two Cities, we see two systems, common and civil law, and gaps in freedom between them.
He quotes my article “Legislation and Law in a Free Society.” See also the longer version, “Legislation and the Discovery of Law in a Free Society,” in Legal Foundations of a Free Society (Houston, Texas: Papinian Press, 2023); and related comments from Hoppe, e.g. at n.152 of this chapter.
I recently had conversation with some fellow libertarians about how to interpret the governing rules of a given organization, and whether members of the group who receive information submitted to them are free to release this information publicly. I pointed out that the organization’s Bylaws don’t say we cannot release this information, to which someone else said it doesn’t say we can, either. I responded that the general rule is that we don’t live by permission; all that is not forbidden is permitted. In response, someone argued that this reasoning sounds like the excuse the state uses, for example when the US Government argues that its power is basically plenary, despite the enumerated powers structure of the Constitution and the Tenth Amendment, because of the interstate commerce clause in effect granting it broad legislative powers—an interpretation we libertarians usually criticize and reject. [continue reading…]
I’m attending what looks to be a fascinating legal conference next week, “The Louisiana Civil Code of 1825: Content, Influences and Languages; Past and Future,” LSU Law Center, March 20–21, 2025. 1 Somewhat to my surprise, I’m looking forward to it. Let me splain. (Note: I realize this post may come across as narcissistic or self-absorbed to some; I don’t care; in this case, it’s not for you. Some people are interested in this, others not. And one purpose of my blogging like this is to create posts that in effect can serve as searchable notes or “footnotes” for later use. 2 So avert thine eyes if you don’t like it…) [continue reading…]
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