ONE OF THE MOST prominent theorists of anarcho-capitalism is Hans- Hermann Hoppe. In what is perhaps his most famous result, the argumentation ethic for libertarianism, he purports to establish an a priori defense of the justice of a social order based exclusively on pri- vate property. Hoppe claims that all participants in a debate must presuppose the libertarian principle that every person owns himself, since the principle underlies the very concept of argumentation. Some libertarians (e.g., Rothbard 1988) have celebrated Hoppe’s (...) argument as the final nail in the coffin for collectivism of any type; following Hoppe, they believe that to deny the libertarian ethic is not only wrong, but also internally contradictory. On the other hand, a number of other prominent libertarians characterized Hoppe’s initial statement of his case as “one muddle after another” (Steele 1988, p. 47) or “a tissue of bald assertions” (Yeager 1988, p. 45). (shrink)

The word 'law' means order, hence natural law is simply the natural order. In the sense in which natural law is relevant to jurists, it is the natural order of persons -- specifically, the order of natural persons: human beings that are capable of rational, purposive action, speech and thought. In short, natural law is the natural order of the human world.

It is shown that libertarian anarchism (i.e., consistent liberalism) is unavoidably true.

The purpose of this article is to argue in favor of a private employer’s right to discriminate amongst job applicants on any basis he chooses, and this certainly includes unlawful characteristics such as race, sex, national origin, sexual preference, religion, etc. John Locke and many after him have argued that people have natural rights to life, liberty, and property or the pursuit of happiness. In this view, law should be confined to protecting these rights and be limited to prohibiting other (...) people from transgressing those rights. The law should not hinder an employer’s ability to discriminate, any more than it should compel people to marry against their wishes. These laws generally emerge from a moral perspective that people think should be imposed on everyone else. But those who don’t welcome those morals are in effect being coerced to abide by them against their will; this is unethical. Finally, it will be argued that the free market has mechanisms by which discrimination will, be rendered powerless to harm its victims. (shrink)

Non-consequentialist libertarianism usually revolves around the claim that there are only “negative,” not “positive,” rights. Libertarian nega- tive-rights theories are so patently problematic, though, that it seems that there is a more fundamental notion at work. Some libertarians think this basic idea is freedom or liberty; others, that it is self-ownership. Neither approach is satis- factory.

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)

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)

Nuclear power has never been free from the stifling involvement of government. Heavy regulation has reduced the ability of entrepreneurs to develop and provide new means for the generation of energy using nuclear fuel. The strict parameters dictated by government officials are based upon outdated technology, an improper regulatory philosophy, and preclude innovation in nuclear power generation. Anti-market environmentalists misunderstand the implications of a free market in nuclear power and argue against it based on problems that are actually caused by (...) government involvement. Our position is neither for nor against nuclear power. We advocate a hands-off policy where the nuclear industry is left to its own devices, free from governmental regulations and subsidies: free to succeed or fail on its own. Thus, our position is neither right-wing conservative (removing regulations), nor left-wing liberal (removing subsidies). Very much to the contrary of both positions, we propose a free-market in nuclear power. (shrink)