Although Robert Nozick has argued that libertarianism is compatible with the justice of a minimal state—even if does not arise from mutual consent—few have been persuaded. I will outline a different way of establishing that a non-consensual libertarian state can be just. I will show that a state can—with a few important qualifications—justly enforce the rights of citizens, extract payments to cover the costs of such enforcement, redistribute resources to the poor, and invest in infrastructure to overcome market failures. Footnotesa (...) For very helpful comments, I am indebted to Dani Attas, Ellen Frankel Paul, Robert Johnson, Brian Kierland, Mike Otsuka, Eric Roark, and the other contributors to this volume. (shrink)

Books V and VI of Aristotle's Politics constitute a manual on practical politics. In the fifth book Aristotle examines the causes of faction and constitutional change and suggests remedies for political instability. In the sixth book he offers practical advice to the statesman who wishes to establish, preserve, or reform a democracy or an oligarchy. He discusses many political issues, theoretical and practical, which are still widely debated today--revolution and reform, democracy and tyranny, freedom and equality. David Keyt presents a (...) clear and accurate new translation of these books, together with a commentary which, though primarily philosophical, also supplies a key to Aristotle's many historical references. It is intended to guide readers towards a proper understanding of this classic text in the history of political thought, and does not assumes knowledge of Greek or of ancient history and politics. (shrink)

When H.-H. Hoppe claimed that the principles of libertarianism were argumentatively irrefutable, both the logical coherence and the relevance of his “argument from argumentation” were criticized. While occasionally some of these criticisms still crop up, this paper defends Hoppe’s claim against them from the vantage point of the author’s own work on the ethics of dialogue in the nineteen-seventies. It presents a more detailed and systematic presentation of the “argument from argumentation” than Hoppe had need for in the particular context (...) of his book. It makes a distinction between arguments about principles and arguments about particular cases in which these principles may be invoked; and between the normative validity of certain presumptions and the fact that in particular cases these presumptions hold only in principle and can be refuted by the evidence pertaining to the cases. (shrink)

Although John Locke’s theory of appropriation is undoubtedly influential, no one seems to agree about exactly what he was trying to say. It is unlikely that someone will write the interpretation that effectively ends the controversy. Instead of trying to find the one definitive interpretation of Locke’s property theory, this article attempts to identify the range of reasonable interpretations and extensions of Lockean property theory that exist in the contemporary literature with an emphasis on his argument for unilateral appropriation. It (...) goes through Locke’s argument point-by-point discussing the controversy over what he said and over what he perhaps should have said to make the most valuable and coherent argument. The result is an outline of Lockean theories of property: a menu of options by which one might use appropriation to justify property rights. Supporters only need to pick the version they find most plausible, but opponents should be aware of the entire menu. Anyone claiming to refute appropriation-based property rights must address not only one but all potentially valid versions of it. (shrink)

Free marketeers claim that theirs is the only economic mechanism which respects and furthers human freedom. Socialism, they say, has been thoroughly discredited. Most libertarians treat the state in anything other than its minimal, 'nightwatchman' form as a repressive embodiment of evil. Some reject the state altogether. But is the 'free market idea' a rationally defensible belief? Or do its proponents fail to examine the philosophical roots of their so-called freedom? Anti-libertarianism takes a sceptical look at the conceptual tenets of (...) free market politics. Alan Haworth argues that libertarianism is little more than an unfounded, quasi-religious statement of faith: a market romance. Moreover, libertarianism is exposed as profoundly antithetical to the very freedom which it purports to advance. This controversial book is for anyone interested in the cultural and political impact of free market policies on the modern world. It will be invaluable to students and specialists of political and economic theory, social science and philosophy. (shrink)

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)

This book contains a collection of important recent writing on left-liberalism, a political philosophy that recognizes both strong liberty rights and strong ...

Winner of the 1975 National Book Award, this brilliant and widely acclaimed book is a powerful philosophical challenge to the most widely held political and social positions of our age--liberal, socialist, and conservative.

Many libertarians make a moral argument that liberty requires the freedom to exercise strong property rights. From this, they argue that no more than a minimal state with sharply limited powers of taxation can be justified. A larger state would supposedly interfere with private property rights and thereby reduce liberty. In response, this article shows how natural rights to property do not entail any particular vision of the state. It demonstrates that the principles of natural property rights support monarchy just (...) as well as they support a capitalist aristocracy. Nothing in the theory of natural property rights rules out government ownership of property or government ownership of the right to tax. Therefore, the natural rights argument does not necessarily imply libertarian limits on the state, but rather the acceptance of whatever state powers and property rights have been in place for a sufficient amount of time. For example, historical property rights in Britain do not imply that private titleholders possess rights that have been subject to interference from the state, as libertarians claim. Instead, they imply that the Queen and her ministers in parliament have a strong claim to at least partial ownership of the whole island of Britain and the property within it. If this argument holds, it poses a serious dilemma for libertarians, forcing them to choose between their account of liberty as the exercise of property rights and their belief that only a minimal state is justifiable. Key Words: libertarianism • ownership • property rights • taxation • distribution • redistribution. (shrink)

In this book G. A. Cohen examines the libertarian principle of self-ownership, which says that each person belongs to himself and therefore owes no service or product to anyone else. This principle is used to defend capitalist inequality, which is said to reflect each person's freedom to do as as he wishes with himself. The author argues that self-ownership cannot deliver the freedom it promises to secure, thereby undermining the idea that lovers of freedom should embrace capitalism and the inequality (...) that comes with it. He goes on to show that the standard Marxist condemnation of exploitation implies an endorsement of self-ownership, since, in the Marxist conception, the employer steals from the worker what should belong to her, because she produced it. Thereby a deeply inegalitarian notion has penetrated what is in aspiration an egalitarian theory. Purging that notion from socialist thought, he argues, enables construction of a more consistent egalitarianism. (shrink)

Michael Otsuka sets out to vindicate left-libertarianism, a political philosophy which combines stringent rights of control over one's own mind, body, and life with egalitarian rights of ownership of the world. Otsuka reclaims the ideas of John Locke from the libertarian Right, and shows how his Second Treatise of Government provides the theoretical foundations for a left-libertarianism which is both more libertarian and more egalitarian than the Kantian liberal theories of John Rawls and Thomas Nagel. Otsuka's libertarianism is founded on (...) a right of self-ownership. Here he is at one with 'right-wing' libertarians, such as Robert Nozick, in endorsing the highly anti-paternalistic and anti-moralistic implications of this right. But he parts company with these libertarians in so far as he argues that such a right is compatible with a fully egalitarian principle of equal opportunity for welfare. In embracing this principle, his own version of left-libertarianism is more strongly egalitarian than others which are currently well known. Otsuka argues that an account of legitimate political authority based upon the free consent of each is strengthened by the adoption of such an egalitarian principle. He defends a pluralistic, decentralized ideal of political society as a confederation of voluntary associations. Part I of Libertarianism without Inequality concerns the natural rights of property in oneself and the world. Part II considers the natural rights of punishment and self-defence that form the basis for the government's authority to legislate and punish. Part III explores the nature and limits of the powers of governments which are created by the consensual transfer of the natural rights of the governed. Libertarianism without Inequality is a book which everyone interested in political theory should read. (shrink)

The libertarian first principle—a belief in individual freedom—can lead to two different and not necessarily acceptable societies from the standpoint of liberty. One is the “Union of Liberty,” in which communities, associations, and intermediate bodies are held to rigorous standards of voluntariness . In the other, the “Federation of Liberty,” they are not .While in any free society individuals may voluntarily join together and waive some of their rights , hard questions arise when nonconsenting children are born into restrictive environments (...) that their parents may have voluntarily created. An adult who gives up all of his or her property to a communal religious body upon conversion has made a voluntary choice, but what about the child born into that religious community later on? Thus, the Federation of Liberty can, in theory, turn out to contain no communities that actually value or respect liberty; and even slavery might have a lawful place within it. The Union of Liberty, on the other hand, can, in principle turn out to be society ruled by a strong authority with little respect for dissenting moral traditions, including some self-styled libertarian moral traditions.Libertarians face a stark choice between these “two constructions of libertarianism”; there is no third way, theoretically speaking. Libertarians must choose one of them. Given the necessity to choose one of these constructions, the Federation of Liberty is arguably preferable to the Union of Liberty. (shrink)

This paper aims to persuade its reader that libertarianism, at least in several of its varieties, is a species of the genus Michael Oakeshott referred to as ‘rationalism in politics’. I hope to demonstrate, employing the work of Oakeshott, as well as Aristotle and Onora O’Neill, how many libertarian theorists, who generally have a sincere and admirable commitment to personal liberty, have been led astray by the rationalist promise that we might be able to approach deductive certainty concerning the 'correctness' (...) of some political programme. Of course libertarians, in common with the adherents of almost any other political ‘stance’, are not a monolithic body, but exhibit a variety of more or less rationalist arguments for their views. For example, a thinker like Hayek, who is often placed in the libertarian camp, came to adopt much of Oakeshott’s critique of rationalism in his later work. And, of course, Oakeshott himself expressed an affinity for libertarian ideas in his essay, ‘The Political Economy of Freedom’ (1991 [1962]). But a general predilection to enhance individual freedom as far as is deemed practicable is quite a different matter from taking a stance in which liberty, and liberty conceived in a rather narrow fashion, is the only value deemed admissible into ‘reasonable’ political discourse. (We will see in a subsequent section that Oakeshott recognized this urge to sanctify one value above all others as a logical requirement of striving for deductive political truths.) I believe that a critique of such libertarian rationalism is particularly relevant given the present situation in the United States vis-à-vis civil rights and the ongoing ‘war on terror’, in that many non- libertarian supporters of peace and strong civil rights find themselves allied with libertarians on these issues—if libertarians have gotten these issues ‘correct’, then how might they have gone wrong elsewhere? Furthermore, the critique may aid libertarians themselves, because, if the title of this paper is accurate, such a single-minded exaltation of one value above all others is an enemy of true liberty, so that libertarians might want to rethink adopting such a position. As Philip Pettit demonstrates (1997), freedom as non-domination is more robust and inclusive of all that we value about freedom than is the libertarian concept of freedom as non-interference; by allowing, say, immense economic power to be concentrated in a single corporation, as intervention to break the company up would violate the principle of non-interference, libertarian ideas may greatly diminish the liberty of the people subject to that corporate power. (shrink)

Left-libertarian theories of justice hold that agents are full self-owners and that natural resources are owned in some egalitarian manner. Some philosophers find left-libertarianism promising because it seems that it coherently underwrites both some demands of material equality and some limits on the permissible means of promoting such equality. However, the main goal of this article is to argue that, as far as coherence is concerned, at least one formulation of left-libertarianism is in trouble. This formulation is that of Michael (...) Otsuka, who published it first in a 1998 article, and now in his thought-provoking book Libertarianism Without Inequality . In a nutshell, my objection is that the set of reasons that support egalitarian ownership of natural resources as Otsuka understands it stand in a deep tension with the set of reasons that would prompt one to endorse Otsuka’s right to self-ownership. In light of their underlying commitments, a defender of either of the views that left-libertarianism combines would actually have to reject the other. This incoherence, it seems, can only be remedied either by an approach that renders left-libertarianism incomplete in a way that can only be fixed by endorsing more commitments than most left-libertarians would want to or by an approach that leaves left-libertarianism a philosophically shallow theory. Key Words: equality • left-libertarianism • libertarianism • original appropriation • property • self-ownership. (shrink)

Part I of this essay supports the anti-egalitarian conclusion that individuals may readily become entitled to substantially unequal extra-personal holdings by criticizing end-state and pattern theories of distributive justice and defending the historical entitlement doctrine of justice in holdings. Part II of this essay focuses on a second route to the anti-egalitarian conclusion. This route combines the self-ownership thesis with a contention that is especially advanced by G.A. Cohen. This is the contention that the anti-egalitarian conclusion can be inferred from (...) the self-ownership thesis without the aid of additional controversial premises. Cohen advances this contention, not because he wants to support the anti-egalitarian conclusion, but rather because he wants to emphasize the need for one to reject the self-ownership thesis if one is to reject the anti-egalitarian conclusion. In Part II of this essay, I support this second route to the anti-egalitarian conclusion by reinforcing Cohen's special contention while rejecting his challenges to the self-ownership thesis. Cohen's special contention is reinforced by way of an explanation of why the redistributive state must trench upon some people's self-ownership rights. One important challenge to the self-ownership thesis is answered through the articulation of a new and improved Lockean proviso. Another challenge offered by Cohen is answered by arguing that the philosophical costs of denying the self-ownership thesis are as great as the self-ownership libertarian maintains. Thus, I defend both of the key elements of self-ownership libertarianism, the self-ownership thesis and the anti-egalitarian conclusion. Key Words: autonomy • distributive justice • egalitarianism • exploitation • Lockean proviso • self-ownership • slavery. (shrink)

This two-part article offers a defense of a libertarian doctrine that centers on two propositions. The first is the self-ownership thesis according to which each individual possesses original moral rights over her own body, faculties, talents, and energies. The second is the anti-egalitarian conclusion that, through the exercise of these rights of self-ownership, individuals may readily become entitled to substantially unequal extra-personal holdings. The self-ownership thesis remains in the background during Part I of this essay, while the anti-egalitarian conclusion is (...) supported in two ways. First, I offer a reconstruction of Robert Nozick's well-known `How Liberty Upsets Patterns' argument against all end-state and pattern theories of distributive justice; and I defend this reconstructed stance against what might (otherwise) seem to be telling criticisms. Second, I defend the two key principles of Nozickian historical entitlement theory (the principle of just transfer and the principle of just initial acquisition) against criticisms offered by G.A. Cohen. Part II will center on Cohen's contention that the crucial basis for the anti-egalitarian conclusion is the self-ownership thesis. There I argue that Cohen is correct to hold that he must reject the self-ownership thesis if he is to avoid the anti-egalitarian conclusion; but he is wrong to think that he has an adequate basis for rejecting this thesis. Thus, both elements in the libertarianism under consideration are vindicated. And, the self-ownership thesis plays a surprisingly direct role in vindicating the anti-egalitarian conclusion. (shrink)

This article challenges the traditional argument for the state that holds that because the market is unable to supply the rule-making, adjudicative, and enforcement services that are essential to life in society, the state must, and hence is morally justified. The author argues that the market's inability to supply these basic services proves only that the state must ensure that they are supplied, not that it must supply them itself. This implies that the traditional concept of the minimal state as (...) one that supplies only these basic services is flawed. The `remedial state' (one that regulates the private provision of these services) is actually the minimal state. Key Words: anarchy • libertarianism • minimal state • political obligation • protective agency • public goods. (shrink)

R. E. Allen’s highly regarded translations of the dialogues of Plato have been praised for their faithfulness and readability. Many years in the making, his translation of _The Republic_ has been eagerly awaited. It comes now to crown a distinguished classicist’s efforts to make Plato’s works available in readable and accurate translations. This new, lucid translation of Plato’s greatest dialogue is the first major translation in English since the publication of F. M. Cornford’s and G. M. A. Grube’s renditions more (...) than a generation ago. It is likely to be the standard translation for years to come. This edition, intended for the student and general reader, is accompanied by Allen’s notes and introduction. _The Republic_ is, of course, many things: metaphysics and epistemology, moral psychology and ethics, educational theory and aesthetics, and poetry and eschatology. In his introduction, Allen takes up its threshold question—the political—and argues that its particular formulation by Plato had a direct and profound influence on the Founding Fathers and the development of American constitutional law. (shrink)

Libertarianism attempts to establish a set of property rights as a complete political morality, its argument proceeding from liberty tout court, as the unique foundational aspect of well being that grounds rights. In this book, Attas presents a sympathetic reconstruction of the libertarian argument and then brings to bear a critical evaluation leading to an ultimate rejection of libertarianism. Exposing the limitations of libertarianism and disclosing its errors, Attas argues that the rights which libertarians adopt with respect to persons, natural (...) resources and products are indefensible given what liberty must be. (shrink)

In “Rothbard as a philosopher” Edward Feser harshly criticises the philosophical abilities of Murray Rothbard. According to Feser, Rothbard seems unable to produce arguments that don’t commit obvious fallacies or produces arguments that fail to address certain obvious objections. His criticism centres on what he regards as Rothbard’s principal argument for the thesis of self-ownership. In this paper, I attempt to show that Feser’s criticism fails of its purpose and that Rothbard is very far from being the epitome of philosophical (...) ineptitude that Feser takes him to be. (shrink)

Postlibertarianism means abandoning defenses of the intrinsic justice of laissez?faire capitalism, the better to investigate whether the systemic consequences of interfering with capitalism are severe enough to justify laissez?faire. Any sound case for laissez?faire is likely to build on postlibertarian research, for the conviction that laissez?faire is intrinsically just rests upon unsound philosophical assumptions. Conversely, these assumptions, if sound, would make empirical studies of capitalism by libertarian scholars superfluous. Moreover, postmodern approaches to ?libertarianism? perpetuate the same assumptions, in the guise (...) of a critique of the rationalist hubris that has supposedly led to the tragedies of the twentieth century. The ?libertarian? and postmodernist critics of postlibertarianism either ignore the assumptions undergirding their views, or they contend that these assumptions are not necessary when ?freedom? and ?morality? are properly defined. The latter contention amounts to an attempt to define the challenge to ?libertarianism? out of existence. (shrink)

Against the libertarian view, this essay argues that coercion aimed at bringing about a more equal distribution across persons can be morally acceptable. Informal social norms might lead toward equality (or another social justice goal) without coercion. If coercion were unnecessary, it would be morally undesirable. A consequentialist integration of social norms and principles of social justice is proposed. The proposal is provided with a preliminary defense against the non-consequentialist egalitarianism of G.A. Cohen and against liberal criticisms directed against the (...) common ground that Cohen and the proposed consequentialist egalitarianism occupy. Key Words: distributive justice • consequentialism • Lockean rights • prioritarianism • social norms • incentives. (shrink)

Part I of this essay supports the anti-egalitarian conclusion that individuals may readily become entitled to substantially unequal extra-personal holdings by criticizing end-state and pattern theories of distributive justice and defending the historical entitlement doctrine of justice in holdings. Part II of this essay focuses on a second route to the anti-egalitarian conclusion. This route combines the self-ownership thesis with a contention that is especially advanced by G.A. Cohen. This is the contention that the anti-egalitarian conclusion can be inferred from (...) the self-ownership thesis without the aid of additional controversial premises. Cohen advances this contention, not because he wants to support the anti-egalitarian conclusion, but rather because he wants to emphasize the need for one to reject the self-ownership thesis if one is to reject the anti-egalitarian conclusion. In Part II of this essay, I support this second route to the anti-egalitarian conclusion by reinforcing Cohen's special contention while rejecting his challenges to the self-ownership thesis. Cohen's special contention is reinforced by way of an explanation of why the redistributive state must trench upon some people's self-ownership rights. One important challenge to the self-ownership thesis is answered through the articulation of a new and improved Lockean proviso. Another challenge offered by Cohen is answered by arguing that the philosophical costs of denying the self-ownership thesis are as great as the self-ownership libertarian maintains. Thus, I defend both of the key elements of self-ownership libertarianism, the self-ownership thesis and the anti-egalitarian conclusion. (shrink)

Perhaps the most remarkable event in social thought of the last twenty years has been the resurgence of various strands of individualism as political doctrines. The term ‘individualism’ is a kind of general rubric that encompasses elements of nineteenth century classical liberalism, laissez-faire economics, the theory of the minimal state, and an extreme mutation out of this intellectual gene pool, anarcho-capitalism. The term libertarianism itself is applied indiscriminately to all of those doctrines. It has no precise meaning, except that in (...) a general sort of way libertarianism describes a more rigorous commitment to moral and economic individualism and a more ideological approach to social affairs than conventional liberalism. I suspect that its current usage largely reflects the fact that the word with the better historical pedigree, liberalism, has been associated, in America especially, with economic doctrines that are alien to the individualist tradition. (shrink)

Walter Block leaned on 82 of the world's most prominent libertarian thinkers and asked them to tell their life stories with an eye to intellectual development. The result is the most comprehensive collection of libertarian autobiographies ever published. Their stories are thrilling and fascinating. They reveal their main influences, their experiences, their choices, and their ambitions. There are some very interesting lessons here for everyone. We learn what gives rise to serious thought about liberty and what causes a person to (...) dedicate a professional career or vocation to the cause. We also discover some interesting empirical information about the most influential libertarian writers. How people come to believe what they believe is a mysterious issue, but an important one to examine. The results have profound strategic implications for the future. If there is a theme that emerges here, it is that it is that the most powerful and effective message of liberty is the one that is both smart and truth telling, not the one that is evasive or consciously dumbed down. The two most influential libertarians that emerge from the contest here are Rothbard and Rand, and this is for a reason. This volume bears close study by anyone who is considering strategic issues. So far as we know, it is the first book of its kind, one sure to play a larger role in the future crafting of the message and scholarship of human liberty. (shrink)