This paper defends the Blockian Proviso against its critics, Kinsella in particular, and interprets it as a law of non-contradiction in the theory of just property rights. I demonstrate that one may not lawfully appropriate in such a way as to forestall others from appropriating an unowned land because such appropriation would result in conflict-generating norms, and conflict-generating norms are not rationally justifiable and just norms. The Blockian Proviso, which precludes forestalling, operates therefore at the level of original appropriation and (...) determines, according to the homestead principle of justice in first acquisition, what may and what may not be lawfully appropriated. Hence, the Blockian Proviso is not an add-on to the homestead principle but part and parcel thereof. (shrink)

If one has a right merely in virtue of being a person, she cannot lose that right as long as she remained a person – or so I argue. After sketching out what I mean by “natural rights,” “inalienable rights,” and “nonforfeitable rights,” I give some reasons to think any instance of the first would also have to be an instance of the latter two. I then respond to critiques of inalienability by A. John Simmons and Andrew Jason Cohen. After (...) which, I apply the argument given for why natural rights would have to be inalienable as a reason to think they would also have to be nonforfeitable. Then I respond to the idea that the nonforfeitability of natural rights would conflict with self-defense by outlining an alternate account of self-defense. In closing, I consider some potential implications of the inalienability and nonforfeitability of natural rights, should such natural rights exist. (shrink)

One so-called paradox of blackmail concerns the fact that “two legal whites together make a black.” That is, it is licit to threaten to reveal a person’s secret, and it is separately lawful to ask him for money; but when both are undertaken at once, together, this act iscalled blackmail and is prohibited. A second so-called paradox is that if the blackmailer initiates the act, this is seen by jurists asblackmail and illicit, while if the blackmailee (the person blackmailed) originates (...) the contract, this is commonly interpreted as bribery and is not illicit.But these are paradoxes only for legal theorists innocent of libertarian theory. The authors use that perspective to reject the claim thatblackmail should be unlawful. If this act were legalized, then both paradoxes would disappear, precisely their contention. (shrink)

HOLCOMBE (2004) ARGUED THAT government was inevitable. In Block (2005) I maintained that this institution was not unavoidable. Holcombe (2007) takes issue with that response of mine to his earlier paper, and the present essay is, in turn, a response to his latest missive in this conversation.1 In section I, I deal with what I can consider an anomaly in Holcombe’s argument. Section II is devoted to a consideration of his dismissal of my paper on grounds of “fallacy of composition.” (...) The burden of section III is to consider Holcombe’s supposed refutation of my views on the basis of his comments about the price ceiling; in section IV, I comment on the examples offered by this author, and in section V, I examine his claim that he is not actually supporting government. I conclude in section VI. (shrink)

Wollen (2022) is a critique of deontological libertarianism, the version of this philosophy predicated upon private property rights and the non-aggression principle. The launching pad for this article of his is the difficulty faced by conjoined twins, who diverge sharply in their view of their desirable future. The present rejoinder maintains that this author’s critique fails; further, that it really has little or nothing to do with conjoined twins per se, but, rather, aims at an entirely different challenge, that of (...) the tie or the dead heat. This latter is a critique that all political economic philosophies face, without exception, and libertarianism does no worse on this challenge than any other, the critique of Wollen to the contrary notwithstanding. (shrink)

In his essay “Rand, Paterson, and the Problem of Anarchism,” which appeared in The Journal of Ayn Rand Studies (July 2013), Stephen Cox argues that the principles of consent and non-initiation of force on which anarchists rely are too strong, and would require undue violation of the principle of non-sacrifice unless modified. But properly interpreted, these principles do not generate the conflicts that Cox describes, and such modifications as are defensible still do not rule out anarchism; hence Cox's case against (...) anarchism fails. (shrink)

Abstract In his critique of modern libertarian thinking, Jeffrey Friedman (1997) argues that libertarian moral theory makes social science irrelevant. However, if its moral claims are hypothetical rather than categorical imperatives, then economics, history, sociology, and other disciplines play a central role in libertarian thought. Limitations on human knowledge necessitate abstractly formulated rules, among which are claims of rights. Further, Friedman's remarks on freedom rest on an erroneous understanding of the role of definitions in philosophy, and his characterization of the (...) ?right to do wrong? as a ?logical contradiction? reveals a misunderstanding of logic. (shrink)

: The system of policing in the United States is costly and ineffective, perhaps because of the government monopoly on residentially assigned police departments. A system of private or public police choice could introduce competitive pressures into the market for policing and improve overall quality levels. I discuss current and historical examples of private policing and […].

Responsibility is often thought of as primarily a legal concept. Even when it is moral responsibility that is at issue, it is assumed that it is above all in moralities based on law-centered patterns and models that responsibility takes center stage, so that responsibility is a legal concept at its core, and is applicable to the realm of private morality only by extension and analogy.

The author reviews Foundations of a Free Society: Reflections on Ayn Rand’s Political Philosophy, edited by Gregory Salmieri and Robert Mayhew, and finds it to be a rich and provocative anthology. However, the author is unpersuaded by the arguments, from a number of the contributors, for separating the prohibition on initiatory force as an ethical principle, from individual rights as a political principle—a separation that, on the ethical side, unduly discards the Aristotelean ethical approach with which Randian ethics claims affiliation, (...) and on the political side, is employed to ground an unconvincing case for the legitimacy of the state. (shrink)

In “Evictionism and Libertarianism,” published in this journal, Walter Block defends the view that, although the fetus is a human being with all the rights to its body, it may nonetheless be evicted from the woman’s body as a trespasser, provided the pregnancy is unwanted. We argue that this view is untenable: the statement that the unwanted fetus is a trespasser does not follow from the premises that the fetus uninvitedly resides in the woman’s body and that the woman is (...) a full self-owner. For this statement to follow, one more statement would have to be true; namely, the woman would have to hold her self-ownership rights specifically against the fetus, and for this to be the case, the fetus would have to have a correlative duty to the woman to abstain from interfering with her body. This statement, however, is false. (shrink)

Very few scholars discuss the moral basis of the right of persons accused of crimes to be supplied with attorneys if they cannot afford them. More discussion of the topic is needed, in particular because political theorists who prefer a minimal state deny that indigent persons have such a moral right. This article addresses their contentions by developing three arguments for supplying poor persons accused of crimes with defense attorneys. First, doing so will prevent state officials from becoming emboldened in (...) their dealings with the poor, such that they might come to pose a threat to the non-poor. Second, poor persons who believe that the state does not treat them fairly will have reduced incentives to abide by the law, which will, in turn, increase the cost of the minimal state. Third, the better off should show solidarity with the poor in demanding that the minimal state honor all citizens’ rights to life, liberty, and property. Crucial to these arguments is the claim that a right of indigent defense is unlike other welfare rights in that securing it protects other basic moral rights that minimal statists acknowledge. (shrink)

Research Articles C. Bradley Thompson, Social Philosophy and Policy, FirstView Article.

The proportionality standard demands a meaningful link between the severity of crimes and the punishments received for them. This article investigates the compatibility between this philosophical demand and the practical means most commonly associated with criminal justice provision: governmental decision making. In so far as criminal justice systems require the coordination of real human and physical resources, certain forms of knowledge and incentives are required to calculate, produce, and distribute outputs proportionately. Whereas markets rely upon pricing mechanisms to generate and (...) coordinate information and incentives across diverse stages of complex production processes, governmental decision making often lacks a calculation mechanism comparable to market prices through which knowledge about societal needs and demands can be conveyed and may thus inevitably result in some forms of punitive disparity. (shrink)