The slavery contract is not a rights violation since the right not to be enslaved and the right not to give out a benefit are waivable and the conjunction of their voluntary waiver is not itself a rights violation. The case for the contract being pejoratively exploitative is not clear. Hence given the general presumption in favor of liberty of contract, such a transaction ought to be permitted. The contract is also not invalid on the grounds that the wrongdoer’s consent (...) to it necessarily reflects involuntariness or irrationality or on the grounds that it is logically impossible for the wrongdoer to satisfy the contract. Allowing such contracts may not have desirable consequences, but for the liberal this by itself is not a sufficient reason against allowing them. One case where the slavery contract might be relevant is where a victim’s agent or the state agrees to waive its claim to harsh punishment in return for the offender agreeing to be enslaved. (shrink)

Libertarianism is understood to be a “deontological theory of law” that purportedly applies exclusively to humans. According to some libertarians, however, “one of the greatest weaknesses of libertarian theory” is that there are no provisions outlawing the abuse and torture of animals even though this seems to be one of “the most heinous acts it is possible to do”. Moreover, a few of these libertarians go even further and claim that this legal philosophy of non-aggression should actually be extended to (...) include other animals. The purpose of this paper is to reconcile this seemingly irreconcilable situation by arguing that it is a “continuum problem” and offering a principled, libertarian compromise that resolves the animal rights debate using the non-aggression principle and private property rights. (shrink)

I address Walter Block’s recent criticisms of my book, Dialogues on Ethical Vegetarianism. Methodologically, Block relies too much on appeals to contentious and extreme assumptions. Substantively, most of his objections are irrelevant to the central issue of the book. Those that are relevant turn on false assumptions or lead to absurd consequences. In the end, Block’s claim to oppose suffering cannot be reconciled with his indifference to a practice that probably causes, every few years, more suffering than all the suffering (...) in human history. (shrink)

I. Introduction Two kinds of remedies have traditionally been employed for breach of contract: legal relief and equitable relief. Legal relief normally takes the form of money damages. Equitable relief normally consists either of specific performance or an injunction – that is, the party in breach may be ordered to perform an act or to refrain from performing an act. In this article I will use a “consent theory of contract” to assess the choice between money damages and specific performance. (...) According to such a theory, contractual obligation is dependent on more fundamental entitlements of the parties and arises as a result of the parties' consent to transfer alienable rights. My thesis will be that the normal rule favoring money damages should be replaced with one that presumptively favors specific performance unless the parties have consented to money damages instead. The principal obstacle to such an approach is the reluctance of courts to specifically enforce contracts for personal services. The philosophical distinction between alienable and inalienable rights bolsters this historical reticence, since a right to personal services may be seen as inalienable. I will then explain why, if the subject matter of a contract for personal services is properly confined to an alienable right to money damages for failure to perform, specific enforcement of such contracts is no longer problematic. Finally, I shall consider whether the subject matter of contracts for corporate services is properly confined to money damages like contracts for personal services, or whether performance of corporate services can be made the subject of a valid rights transfer and judicially compelled in the same manner as contracts for external resources. (shrink)

What do we owe to the lower animals, if anything? The issues raised by this question are among the most fascinating and fundamental in ethical theory. They provide a real watershed for the moral philosopher and, on perhaps the most widely professed view, a trenchant test of consistency in ethical practice. Among the virtues of these two challenging books is that they make painfully clear that there has been a paucity of clear and plausible argument in support of the nearly (...) universal tendency of humans to eat animal flesh, and to visit varying degrees of pain, discomfort, and unfreedom on the animals in question in the process.When we are asked why it is all right to do this, given our strong belief that it is not all right for us to eat other humans, we tend to give answers that won't readily wash. We may say, for example, that animals are stupid; but we don't think it all right to eat stupid people, including people less apparently competent than many of the higher animals. Or we may say things that are patently untrue, such as that the other animals don't really feel pain anyway. (shrink)

The slavery contract is not a rights violation since the right not to be enslaved and the right not to give out a benefit are waivable and the conjunction of their voluntary waiver is not itself a rights violation. The case for the contract being pejoratively exploitative is not clear. Hence given the general presumption in favor of liberty of contract, such a transaction ought to be permitted. The contract is also not invalid on the grounds that the wrongdoer’s consent (...) to it necessarily reflects involuntariness or irrationality or on the grounds that it is logically impossible for the wrongdoer to satisfy the contract. Allowing such contracts may not have desirable consequences, but for the liberal this by itself is not a sufficient reason against allowing them. One case where the slavery contract might be relevant is where a victim’s agent or the state agrees to waive its claim to harsh punishment in return for the offender agreeing to be enslaved. (shrink)

An argument is examined and defended for extending basic moral rights to animals which assumes that humans, including infants and the severely mentally enfeebled, have such rights. It is claimed that this argument proceeds on two fronts, one critical, where proposed criteria of right-possession are rejected, the other constructive, where proposed criteria are examined with a view to determining the most reasonable one. This form of argument is defended against the charge that it is self-defeating, various candidates for the title, (...) 'most reasonable criterion of right-possession', are critically examined, and it is argued that this criterion is to be found in the notion of inherent value: What underlies the ascription of rights to any given x is that x has value logically independently of anyone's valuing x; thus, to treat x as if x had value only if or as it served one's interests, etc., is to violate x 's rights. It is argued that many animals, owing to their being subjects of a life that is more or less valuable for them logically independently of the interests of others, can satisfy this criterion and therefore have certain basic moral rights, if humans, including the severely mentally enfeebled, do. Finally, the question, What basic moral rights do animals have? is explored. (shrink)

Huemer [33] argues against the killing of animals. I offer a critical libertarian analysis of his claim.

When libertarian political philosophy attracted wide public notice in the 1970s, a common view was that the distinctive individual rights advocated in libertarian theory required grounding in a theory of ethics. Recently, this view has come under challenge. It has been argued that resort to such grounding in ethical theory is unneeded. An appeal to common sense intuitions suffices to justify libertarianism. First, a brief account of libertarianism will be presented. Then, some examples of the older, pro-grounding position will be (...) discussed. Then, the principal defense of the newer view, Michael Huemer’s The Problem of Political Authority, will be examined. This discussion constitutes the substance of the present paper. The principal contention of the present article will be that the argument to libertarianism from intuitions does not succeed. In conclusion, it will be suggested that a return to the earlier, grounding view is indicated for philosophers who wish to defend libertarianism. (shrink)