Alasia Nuti’s recent book Injustice and the Reproduction of History: Structural Inequalities, Gender and Redress puts forward a compelling vision of contemporary duties to redress past wrongdoing, grounded in the idea of “historical-structural-injustice”, constituted by the “structural reproduction of an unjust history over time and through changes”. Such an approach promises to transcend the familiar scholarly divide between “backward-looking” and “forward-looking” models, and allow for a reparative approach that focuses specifically on those past wrongs that impact the present, while retaining (...) a significant focus on the historical. While Nuti’s work is perhaps the most sophisticated treatment of structural injustice to date, this paper argues that an exclusive concentration on historical-structural-injustices neglects some aspects and some acts of wrongdoing that call out for present-day redress. What is needed, therefore, is a pluralist theory that can accept the pressing force in the present of historical-structural-injustices, whilst also making room for past-regarding duties that either do not fit, or are not best conceptualized in terms of, this approach, without being overwhelmed by the sheer scale of historic injustice. (shrink)

How do we acquire moral obligations to others? The most straightforward cases are those where we acquire obligations as the result of particular actions which we voluntarily perform. If I promise you that I will trim your hedge, I face a moral Obligation to uphold my promise, and in the absence of some morally significant countervailing reason, I should indeed cut your hedge. Moral obligations which arise as a result of wrongdoing, as a function of corrective justice, are typically thought (...) to be of a similar nature. (shrink)

David Friedman posed a number of libertarian philosophical problems (Friedman 1989). This essay criticizes Walter Block’s Rothbardian responses (Block 2011) and compares them with J C Lester’s critical-rationalist, libertarian-theory responses (Lester [2000] 2012). The main issues are as follows. 1. Critical rationalism and how it applies to libertarianism. 2.1. How libertarianism is not inherently about law and is inherently about morals. 2.2. How liberty relates to property and can be maximized: carbon dioxide and radio waves. 2.3. Applying the (...) theory to flashlights. 2.4. Applying the theory to the probability of imposed risks. 2.5. “Homesteading” or initial acquisition. 2.6 What is “essential” for a “true libertarian.” 2.7. Crime and punishment. 2.8. Extent of punishment. 2.9. The libertarian response to a madman with a gun. 2.10. How contradictions in rights are possible. 2.11. The draft. 3.1. Utilitarian libertarianism and “nose counting”. 3.2. How interpersonal comparisons of utility are possible and utility monsters are not a threat. 3.3. Why it is not utilitarian in practice to kill an innocent prisoner to prevent a riot. 3.4. Why David Friedman should not be forced to give up one of his eyes. 3.5. How utilitarians can be libertarians. Conclusion: a proper theory of liberty combined with critical rationalism offers superior solutions to Friedman’s problems. Appendix: replies to two commentators. (shrink)

This essay goes through Frederick 2015 (the critique) in some detail, responding to the various paraphrases and criticisms therein. It is argued that in each case the critique is mistaken about what Lester 2012 (Escape from Leviathan: EfL) says, or about what the critique presents as a sound criticism, or both. Introduction: the three problems with the critique and the philosophical problem that EfL is attempting to solve. “Abstract”: the critique’s confusion about EfL’s aprioristic theory of instrumental rationality. There (...) are then detailed replies (too many and too diverse to summarise) to quotations from the critique’s confused interpretations and criticisms under the following headings (quoted from the critique): “2. Instrumental Rationality”; 3. Weakness of Will”; “4. Desires and Values”; “5. Free Will”; “6. Self-Interest”; “7. Maximisation”; “8. Morals”. Finally, in “9. Conclusion”, the philosophical problem for economics is briefly restated. The philosophical interpretation of homo economicus in EfL (as with its overall philosophical theory of libertarianism) has yet to be given adequate critical consideration. (shrink)

Frederick 2013 (the critique) offers criticisms of the Escape from Leviathan (EfL) theory of libertarian liberty and also of its compatibility with preference-utilitarian welfare and private-property anarchy. This reply to the critique first explains the underlying philosophical problem with libertarian liberty and EfL’s proposed solution. It then goes through the critique in detail showing that it does not grasp the problem or the solution and offers only misrepresentations and unsound criticisms.

This replies to Block 2019 (B19), which responds to Lester 2014 (L14). The main issues in the, varyingly sized, sections are as follows. 1 Further explanations of critical rationalism, the theory of liberty, and problems with the non-aggression principle. 2.1 The relationships among law, morality, and libertarianism. 2.2 The objective invasiveness of low-level radiation and that it is therefore an initiated imposition (albeit trivial) if someone inflicts it on non-consenting people. 2.3 The objective and subjective aspects of initiated impositions; (...) and how clashes can be resolved. 2.4 How liberty relates to risk and self-ownership. 2.5 Libertarian initial acquisition versus absolute property rights by labour-mixing. 2.6 Organisational note. 2.7 Libertarianism and mens rea. 2.8 Libertarian rectification versus lex-talionis doubling. 2.9 Indirectly clashing rights, self-preservation, trespasser-hiker, flagpole-grasper, and landmine-layer. 2.10 A logical point is not a moral point. 2.11 Pacifism and libertarianism. 3.1 A weak criticism of utilitarianism. 3.2 Hedonometers; approximate interpersonal comparisons of utility imply libertarianism; what a libertarian is; libertarian rankings. 4. Libertarian philosophy versus propertarian dogma. Coda: the need to take seriously the philosophical problems with propertarian-justificationist libertarianism. (shrink)

This article considers the question of the responsibility that present day generations bear as a result of the actions of their ancestors. Is it morally significant that we share a national identity with those responsible for the perpetration of historic injustice? The article argues that we can be guilty of wrongdoing stemming from past wrongdoing if we are members of nations that are responsible for an ongoing failure to fulfil rectificatory duties. This rests upon three claims: that the failure to (...) fulfil rectificatory duties is unjust; that nations can bear collective responsibility for the actions of their leaders; and that nations are comprised of overlapping generations rather than successive generations. The claim that present day parties should apologise for historic injustice is then considered, and it is argued that such an apology is best understood in relation to an ongoing failure to fulfil rectificatory duties. (shrink)

Libertarianism—and classical liberalism generally—entails (or presupposes) a specific, but implicit, conception of liberty. Imagine two lists of property-rights: one list is all those that currently appear to be libertarian (self-ownership, property acquired by use of natural resources, property acquired by consensual exchange, etc.); the other list is all those that currently appear not to be libertarian (aggressively imposed slavery, property acquired by theft or fraud, property acquired by coerced transfers due to welfare claims, etc.). What determines into which list a (...) property-right is to be assigned? If libertarianism is really about liberty, then the determining factor must be whether the property-right somehow fits what liberty is in a more abstract sense than property. It greatly clarifies matters to have an explicit theory of this entailed conception of abstract liberty and how it relates to its practical application and to morality. (shrink)

This article is concerned with choices that parents or guardians make about the food they give to their children. Those with primary responsibility for the care of young children determine the set of foods that their children eat and have a significant impact on children’s subsequent dietary choices, both in later childhood and in adulthood. I argue that parents have a morally significant reason not to feed meat to their children, which stems from their fiduciary responsibility for the child’s moral (...) development. This should, at a minimum, be factored into parental decisions about their children’s diet. In the absence of compelling countervailing reasons, it will mean that parents should not, in an all-things-considered sense, feed meat to their children. This claim does not rely upon the obviously contentious claim that it is morally wrong to eat meat. Instead, the fact that children, when adults, may reasonably themselves come to believe that consuming meat is wrong gives parents morally compelling reasons to avoid acting in ways which may have the predictable consequence of corrupting the moral character of those for whom they are responsible. (shrink)

The scale and character of past injustice can seem overwhelming. Grievous wrongdoing characterizes so much of human history, both within and between different political communities. This raises a familiar question of reparative justice: what is owed in the present as a result of the unjust actions of the past? This article asks what should be done in situations where contemporary debts stemming from past injustice are massive in scale, and seemingly call for nonideal resolution or settlement. Drawing on recent work (...) by Sara Amighetti and Alasia Nuti on deliberative reparative processes, the article differentiates between two different approaches to settling claims for reparation. The first pursues settlement in a legal or quasi legal sense, seeking to close a matter through discussion, compromise, and bargaining in such a way as to maximize one’s interest while drawing a line under the events in question. The second is grounded not in one’s own interest but in an acknowledgement of the inevitable inadequacy of one’s reparative response. Such an approach to settlement centres the agency of the individuals and groups harmed by past wrongdoing. The article examines the reparations issue with reference to a range of recent cases of alleged settlement, including claims for reparation for torture by the British army in Kenya in the 1950s, for sexual slavery by the Japanese Imperial Army in East Asia in the Second World War, and for genocide by German colonial forces between 1904 and 1908. (shrink)

This article explores the ethical architecture of the ‘beneficiary pays’ principle, which holds that agents can come to possess remedial obligations of corrective justice to others through the involuntary receipt of benefits stemming from injustice. Advocates of the principle face challenges of both persuasion and limitation in seeking to convince those unmoved of its normative force, and to explain in which cases of benefiting from injustice it does and does not give rise to rectificatory obligations. The article considers ways in (...) which advocates of the principle might seek to win over those sceptical of its merits by employing a modified principle which sidesteps the issue of enforceability, before considering the question of whether the argument can be expanded from cases of benefiting from wrongdoing specifically to other sorts of situation where one agent involuntarily benefits from another's loss. (shrink)

Escape from Leviathan (EfL) is a first attempt at explaining a somewhat complex philosophical theory of libertarianism. The theory is far from being as clear as it has subsequently become possible to make it. Consequently, most reviews have misunderstood it to varying degrees. What is striking is the great confidence with which some of these reviews assume they have completely understood it and refuted it. This is odd because it does not seem entirely reasonable to suppose that EfL’s errors are (...) quite as obvious and naïve as the reviews often assume. And only a slightly more careful reading of the text might have disabused them of their misapprehensions. With the article about to be discussed, we have another clear example of this phenomenon. But what is particularly interesting about it is that it does not itself fully understand the basic conception of liberty that most libertarians assume. And as this is, strangely, not that uncommon even among libertarian philosophers, it is certainly worth responding to as clearly as possible. (shrink)

This article addresses the claim that some contemporary states may possess obligations to pay reparations as a result of the lasting effects of a particular form of historic imperialism: colonialism. Claims about the harms and benefits caused by colonialism must make some kind of comparison between the world as it currently is, and a counterfactual state where the injustice which characterised so much of historic interaction between colonisers and the colonised did not occur. Rather than imagining a world a world (...) where there was no such interaction, this article maintains that the appropriate counterfactual is one where relations between different communities were characterized by an absence of domination and exploitation. This means that current day states may possess reparative duties which are much more extensive than is often supposed. (shrink)

The aftermath of war is always messy and complicated. When should objects or resources that were unjustly taken in wartime be returned to the victims of misappropriation, or their heirs? This article advances two arguments that are intended to buttress claims for the restitution of property in general, and particularly claims advanced by the heirs of the original victims of misappropriation.

Under no circumstances should the absurd "right to roam‟ be incorporated into the legislation of this country. In reality, it is clearly a mere licence to trespass. Armed with the appropriate economic and philosophical arguments, we should eventually be able to offer an effective counter-attack with a movement for the "right to own‟ privately every last one of the state-controlled commons, heaths, hills, mountains, downs, woodlands, rivers, beaches, and footpaths. As a result, there will be no imposition on legitimate landowners (...) and more access to better resources for ramblers. (shrink)

Despite receiving high praise from Professors Barry, Narveson, Flew, and Gray (see the first page of the paperback), the Saladin Meckled-Garcia review (M-G) puts the level of Escape from Leviathan (EFL) as “undergraduate” and rates it one star. While undergraduates may profit from reading EFL, it is not mainly at their level. M-G either applies unusually high standards of philosophical argumentation or is simply philosophically perplexed.

This is the English version of the article, originally published in French as "Justice Postcoloniale" [Postcolonial justice].

A range of important ethical issues emerges from a consideration of the past interaction between colonizing and colonized peoples. This article first seeks to describe the key characteristics of colonialism as a system of domination and subjugation, before considering the legitimacy of contemporary judgments on the morality of historical colonialism. It then examines how the particular character of colonialism complicates arguments relating to the rectification of injustice. It concludes by asking what lessons those interested in ethics can learn from the (...) diverse body of work produced by writers in the postcolonial tradition. (shrink)

Epistemology is often a problem for libertarianism. Many libertarian texts assume that they need to do more than explain and defend the libertarian conjecture. Instead, they try to offer epistemological support for it (whether empirically or morally); which falsificationism and, more broadly, critical rationalism explains is not possible. Moreover, they often mistake this attempt at support for an explanation of libertarianism (which ought to include an abstract theory of liberty and how it relates to liberty in practice). Therefore, when a (...) criticism of falsificationism appears on a libertarian website it seems useful to reply to it (even though no discussion of libertarianism itself is involved). (shrink)

Contra critical rationalism, the response begins by referring to “the variety of internalist and externalist versions of foundationalism” (Liberty, December 2002). But it makes no attempt to explain or defend any of them. Hence, no further criticism is due here. The response then argues that, “The critical rationalist method seems to suggest that Lester’s extreme compatibility thesis is probably false” because—quoting Escape from Leviathan (EfL)—“bold universal theories might be false, and probably are” and yet “he doesn’t think the thesis (...) is probably false”. And so this is, by implication, an inconsistent belief. But the Compatibility Thesis (CT) is not one of the “bold universal theories” of science. The review and the response appear, at times, to assume that the CT is a bold universal theory about the perfect compatibility of applying the relevant conceptions, or theories, of rationality, liberty, welfare, and anarchy. Then, at other times, they assert that it is not bold at all but merely about definitions designed to be compatible. In fact, the CT asserts both that there are no theoretical incompatibilities among relevant and plausible versions of the theories, and that there are no actual long-term, systemic, and practical conflicts among applying them. That is still a bold theory (perhaps even most libertarians would disagree with it), but it’s not a universal thesis of perfect compatibility. And if it were good practice to reject a theory just because of its boldness, then all scientific theories would be immediately rejected without even trying to produce a falsification. In any case, as stated in the reply to the review, anyone’s mere beliefs are irrelevant to the truth of objective theories and the soundness of objective arguments. (shrink)

The two purposes of this essay. The general philosophical problem with most versions of social libertarianism and how this essay will proceed. The specific problem with liberty explained by a thought-experiment. The positive and abstract theory of interpersonal liberty-in-itself as ‘the absence of interpersonal initiated constraints on want-satisfaction’, for short ‘no initiated impositions’. The individualistic liberty-maximisation theory solves the problems of clashes, defences, and rectifications without entailing interpersonal utility comparisons or libertarian consequentialism. The practical implications of instantiating liberty: three rules (...) of liberty-in-practice, 1) initial ultimate control of one’s body, 2) initial ultimate control of one’s used resources, 3) consensual interpersonal interactions and resource transfers. These rules are economically efficient and maximise general want-satisfaction. Private property and legal remedies are additional practical institutional aspects, but to which ‘initiated impositions’ then apply prima facie. Libertarian law is often mistaken for complete libertarianism. Moral explanations are a separate issue. The three main moral theories imply libertarianism, but it can be morally posited independently of them. Critical rationalism and its application. No empirical or argumentative support for theories. An important ambiguity with ‘justification’. How the epistemology applies to the theory of liberty and its application but remains separable in principle. Conclusion: there are further published explanations but this should be enough to generate useful criticism. Appendix replying to some typical comments. (shrink)

This is an attempt to clarify the nature of extreme, or complete, “wokeness” in its modern sense. The central thesis is that it is an inverted form of fascism, and thereby even worse than some of its critics assume. In fact, it is far worse than ordinary fascism whether or not it is correct to see it as an inverted form. As this is a thesis, it is not a definition. Therefore, this thesis could certainly be mistaken. But if it (...) is, then sound criticisms of the explanation would be needed to refute it. (shrink)

It is a truism to say that we live in a world that has been deeply shaped by imperialism. The history of humanity is, in many ways, a story of the attempted and achieved subjugation of one people by another, and it is unsurprising that such interaction has had profound effects on the contemporary world, affecting cultural understandings of community identity; the composition of, and boundaries between, modern day states; and the distribution of resources between different communities. This chapter addresses (...) the claim that some contemporary states may possess obligations to pay reparations as a result of the lasting effects of a particular form of historic imperialism: colonialism. Claims about the harms and benefits caused by colonialism must make some kind of comparison between the world as it currently is, and a counterfactual state where the injustice which characterised so much of historic interaction between colonisers and the colonised did not occur. Rather than imagining a world where there was no such interaction, this chapter maintains that the appropriate counterfactual is one where relations between different communities were characterized by an absence of domination and exploitation. This means that current day states may possess reparative duties which are much more extensive than is often supposed. (shrink)

This article addresses the question of whether present day individuals can inherit rights to compensation from their ancestors. It argues that contemporary writing on compensatory justice in general, and on the inheritability of rights to compensation in particular, has mischaracterized what is at stake in contexts where those responsible for wrongdoing continually refuse to make reparation for their unjust actions, and has subsequently misunderstood how later generations can advance claims rooted in the past mistreatment of their forebears. In particular, a (...) full consideration of the wrongful character of non-rectification needs to take account of the multiplicity of temporal points at which compensation could have been, but was not, paid, each with potentially significant consequences for the victims of injustice. This has relevance for what is owed to those who have been wrongfully denied compensation for wrongs that caused them direct harm, and can be extended to others, such as their direct heirs, who are likewise affected by non-rectification. This opens the door to the endorsement of potentially extensive contemporary claims on behalf of the heirs of victims of wrongdoing. (shrink)

The following essay responds to a draft article that criticises the theory of libertarian restitution in “Libertarian Rectification: Restitution, Retribution, and the Risk-Multiplier” (LR). The article was freely available to internet search engines. Hence, it seems fair and useful to reply to these very welcome objective criticisms. It is not intellectually relevant that its author might subsequently and subjectively have thought better of them, possibly as a result of the earlier version of this reply. Generally, the article misconstrues the position (...) on retribution in LR. Eventually, it makes apparent qualifications to its own position such that there does not seem to be any clear theoretical difference between the two on the central disputed issue. LR’s position is to explain and defend only the non-normative theory of libertarian restitution: full restoration or compensation to the damaged (initiatedly imposed on) party. But it is argued that this can include a retributive aspect if that is what the victim prefers. Moreover, such restitution will tend to act as a deterrent that maximises both overall interpersonal liberty (theorised as no initiated imposed costs) and human welfare (theorised as preference satisfaction). (shrink)

The reply begins by stating that responses to reviews of EfL are “taking criticism of their philosophical claims as personal attacks” and resorting to “hysterical ad hominems”. On the contrary, the responses to around fourteen—often highly positive—reviews have welcomed all their criticisms and simply replied to them. None of these replies appear to commit the ad hominem (to the man) fallacy: that of addressing the qualities of a person as a way of attempting to undermine or defend an argument or (...) assertion made by that person. (shrink)

It is possible to pose many difficult and fascinating problems and criticisms for the various theses and arguments in Escape from Leviathan (EfL). This occurred while writing it, and various sharp minds did it on reading drafts or the final product. However, some reviews misunderstand, or ignore, what is written and reassert conventional views. But it is best to answer all published criticisms if only to show how they fail, lest anyone thinks they are sound, and even poor criticisms can (...) sometimes elicit elucidation. Thus, we now turn to the review. (shrink)

The Zwolinski 2013 "libertarianism and liberty" essays on libertarianism_org are argued to have the following problems: taking libertarianism to be a "commitment" to the view that "liberty is the highest political value" ; examining and rejecting the maximization of liberty without a libertarian theory of liberty; accepting a persuasive sense of "coercion" ; misunderstandingliberty in the work place; conflating, to varying degrees, freedom of action and freedom from aggression and justice/rights/morals; focusing on logically possible clashes instead of practically possible congruence (...) among utility, liberty, and justice – in particular, that "rule (preference-)utilitarianism" fits "rule libertarianism" ; failing to distinguish liberty from license (and power) concerning slavery, and so-called "civil and democratic liberties" (and everything else); the idea that any coherent reference to a quantity of liberty requires precise cardinality; failing to see that the quantity of liberty has an inherently qualitative aspect; misunderstanding property as about limiting freedom; mistaking clashing Hobbesian freedom for non-clashing Lockean liberty; adopting G. A. Cohen's confusion about freedom as the libertarian conception of freedom; assuming the – illogical – epistemology of justification" ; not realizing that both allowing and prohibiting pollution "aggresses" and so "aggressions" need to be minimized; the failure of all six of its reasons for rejecting the non-aggression principle. (shrink)

The review cites the “Open Society” twice in its title—and is clearly pro-Popperian—but then fails to mention the fourteen-point list, and surrounding discussion, that explicitly compares Popper’s critical rationalism with anarcho-libertarianism (strong similarities) and liberal democracy (strong dissimilarities); EfL, pp.135-142. If the review had engaged more closely with the arguments of EfL and been more informed by the relevant social scientific literature, then it would probably have found the anarcho-libertarian case to be far more robust and realistic than such a (...) cursory dismissal can hope to refute. (shrink)

The central classical liberal insight is that private property appears both to protect personal liberty and to promote general productivity. By way of philosophically clarifying this insight, Escape from Leviathan (EfL) posits the extreme classical liberal, or libertarian, Compatibility Thesis: there is no long-term, systemic, practical conflict among economic rationality, interpersonal liberty, human welfare, and private-property anarchy (i.e., four plausible and relevant theories of these that are presupposed, or entailed, by libertarianism and consonant social science). The review (Liberty, November 2002) (...) holds that this extreme version is probably false and suggests that perhaps even EfL’s author would agree. He (still) does not, although he remains open to argument. But what anyone happens to believe at any particular moment is a piece of fleeting biography that is irrelevant to the truth of the thesis or the soundness of the arguments in EfL. (shrink)

The Julius Blumfeld review (the review) of Escape from Leviathan (EfL) includes various kind words and especially welcome criticisms. This reply attempts to respond to the criticisms as best as it can. There have been further replies to criticisms, additional articles, and even books clarifying and developing this overall philosophical theory of libertarianism in the time that has elapsed since the first version of this reply. Consequently, it is now possible to revise it to make it somewhat clearer.

Readers of “Falsificationism Redux” (the rejoinder) may have found it to be another waffling non-explanation of induction and the alleged falsity of falsificationism—or even self-refuting, as its title indicates (redux: brought back, revived, restored). However, it seems worth another round of replies if only because the arguments are fairly typical of the would-be ‘inductivist’ and it might help some people who have yet to see how these arguments fail.

The political distinction between left and right remains ideologically muddled. This was not always so, but an immediate return to the pristine usage is impractical. Putting a theory of social liberty to one side, this essay defends the interpretation of left-wing as personal-choice and right-wing as property-choice. This allows an axis that is north/choice (or state-free) and south/control (or state-ruled). This Political Compass clarifies matters without being tendentious or too complicated. It shows that what is called ‘libertarianism’ is north-wing. A (...) quiz gives the reader’s Political Compass reading. (shrink)

Lester‘s reply to the review by Gordon and Modugno of Escape from Leviathan was due to appear in a later edition of the same periodical, but it was eventually dropped without notice or a reason being given. Subsequently, their review has occasionally been cited in isolation as a refutation of that book‘s theory of liberty, the compatibility of such liberty with welfare maximisation, and the use of "Popperian views" as though a complete reply did not exist and were not (...) freely available and easily found online. To make it harder to avoid the reply, whether by accident or design, it is reproduced here (but with sundry small emendations for greater clarity). (shrink)

This is a response to Macleod 2012's argument that the history of unjust property acquisitions requires rich libertarians to give away everything in excess of equality. At first, problematic questions are raised. How much property is usually inherited or illegitimate? Why should legitimate inheritance be affected? What of the burden of proof and court cases? A counterfactual problem is addressed. Three important cases are considered: great earned wealth; American slavery; land usurpation. All are argued to be problematic for Macleod 2012's (...) thesis. Various problems are explained concerning using the Nozickian argument to decide the alleged excess that rich libertarians own. The essay's main error is the presupposition that free markets do not help the worst-off. The majority of unjust holdings today are not the result of historical injustices but arise through continuing transfers enabled by taxation and state-regulation. More study of libertarian contributions to the social sciences and philosophy would appear to be desirable "personal behavior" among socialists. (shrink)

This paper provides theoretical support for two historical principles for the allocation of remedial responsibility for paying the costs of pollution caused by humans. These remedial principles are based upon particular forms of backward-looking connection with the pollution in question. The suggestion is that we can have reasons to pay the costs of pollution when we are members of communities which were responsible for the original polluting acts in question and/or which have benefited from the polluting acts. In seeking to (...) provide support for backward-looking remedial duties, the paper aims to bolster understandings of the principle of Common but Differentiated Responsibility (CBDR) which place the primary burden of meeting the costs of pollution upon those communities which caused the pollution in the first place. Thus, in supporting the “beneficiary pays” principle in general, and the “polluter pays” principle in some cases, I challenge interpretations of CBDR which maintain that backward-looking principles are unfair, since they impose duties upon present day generations who were not themselves responsible for the polluting acts in question. (shrink)

1. First there is an outline of the libertarian approach taken here. 2. On the assumption of personhood, it is explained how there need be no overall inflicted harm and no proactive killing with abortion and infanticide. This starts with an attached-adult analogy and transitions to dealing directly with the issues. Various well-known criticisms are answered throughout. 3. There is then a more-abstract explanation of how it is paradoxical to assume a duty to do more than avoid inflicting overall harm (...) and, instead, positively benefit. A putative counterexample is explained away. 4. A positive theory of intellectual personhood is defended in principle, but not made precise, which is sufficient to be practical. The greater moral value of intellectual-personhood is defended. An important putative reductio of the potential-personhood argument is refuted. 5. Several further criticisms that apply to both types of defences are answered. 6. Conclusion. (shrink)

Peter Singer’s famous and influential article is criticised in three main ways that can be considered libertarian, although many non-libertarians could also accept them: 1) the relevant moral principle is more plausibly about upholding an implicit contract rather than globalising a moral intuition that had local evolutionary origins; 2) its principle of the immorality of not stopping bad things is paradoxical, as it overlooks the converse aspect that would be the positive morality of not starting bad things and also thereby (...) conceptually eliminates innocence; and 3) free markets—especially international free trade—have been cogently explained to be the real solution to the global “major evils” of “poverty” and “pollution”, while “overpopulation” does not exist in free-market frameworks; hence charity is a relatively minor alleviant to the problem of insufficiently free markets. There are also various subsidiary arguments throughout. (shrink)

Andy Curzon replied (often quoting from the opening sections of Lester 2014, chapter 10) in an ongoing debate with Lee Waaks, which Mr Waaks forwarded (with approval) to the Libertarian Alliance Forum (27 February 2015). This response replies to the criticisms after directly quoting them (the indented text; except where Lester is occasionally quoted, as indicated). A few cuts have been made to avoid some repetition and irrelevance. However, just as Mr Curzon sometimes repeats his main points in (...) slightly different ways and contexts in the hope that some of them might prove cogent, so this reply does the same. The dialogue-like result seems to engage more directly and completely than producing a new stand-alone exposition. And some new arguments are even developed in the process. But the full nature of many of the criticisms and replies often only becomes clear as the “dialogue” proceeds. An addendum then rebuts two further brief critical responses in the same manner. (shrink)

Libertarians typically object to having the state deal with law and order for several general reasons: it is inefficient; it is carried out at the expense of taxpayers; and it punishes so-called victimless crimes. Exactly what the observance of liberty implies with respect to the treatment of tortfeasors and criminals is more controversial among libertarians. A pure theory of libertarian restitution and retribution is mainly what is attempted here, without becoming involved in general moral anti-state arguments. However, the pure theory (...) alone will raise practical problems that require immediate response if the theory is to appear at all plausible. (shrink)

Until quite recently, it has appeared that eleutheric-conjectural libertarianism (ECL) could not avoid some degree of, very broad, interpersonal utility comparisons (IUCs). And this has been objected to by some of its libertarian critics, notably economists and propertarians. Indeed, this aspect does make the theory less compatible with economics than the rest of the theory and it is thereby a significant problem. This is because one of the main problems that ECL is intended to solve is how an abstract theory (...) of liberty can be compatible with the pro-free-market conclusions of many economists. Being more compatible with economics should make ECL theory more comprehensive, comprehensible, and cogent. (shrink)

This essay examines sections relevant to libertarianism in Will Kymlicka’s Contemporary Political Philosophy: An Introduction (2nd ed.), making and explaining the following criticisms. Kymlicka’s “preface” misconstrues political philosophy’s progress, purpose, and its relation to libertarianism. In his “introduction”, his “project” mistakes libertarianism as “right-wing”, justice as compromise among “existing theories”, and equality as the “ultimate value.” His “a note on method” in effect takes as axioms, beyond philosophical examination, various alleged desiderata and the necessary moral role of the state. Moreover, (...) his “ultimate test” being “our considered convictions” amounts to a conservative and illogical justificationism at odds with radical and coherent critical rationalism. Kymlicka’s chapter on “libertarianism” mistakes it as, inherently and unavoidably, free-marketist, anti-consequentialist, deontological, Nozickian, requiring “a foundational moral premiss, without objective content, unmaximisable, indistinguishable from license, equality-based, anti-anarchist, “self-defeating”, indefensibly “unfair”, impractically “philosophical”, and without influence. A different version of libertarianism easily withstands all Kymlicka’s antipathetic criticisms. (shrink)

Vallentyne 2010 and Zwolinski 2008 are internet encyclopaedia articles on “libertarianism” which include various serious faults. Vallentyne 2010 has the following ones. It does not properly explain mainstream libertarianism or consider criticisms of it. Instead, it mainly discusses self-ownership and natural-resource egalitarianism. Every aspect of the alleged “strict sense” of “libertarianism” is dubi ous, at best. So- called “left - libertarianism” is not made sense of as any kind of liberty-based libertarianism. Problems arise because self-ownership is assumed to be libertarian (...) without an explicit theory of libertarian liberty. The replies to “five impor tant objections to full self- ownership” are confused and mistaken; both as regards philosophical analysis and as regards empirical assumptions. The long discussion about various ways to “Appropriate Natural Resources” is rendered muddled and barren by the lack of a clear libertarian theory of liberty, the mere presumption of some form of egalitarianism, and the inclusion of various non-libertarian criteria. The remaining sections are largely uninformed by any relevant libertarian literature. It reaches a justificationist conclusion that cites mistaken welfare concerns and ignores the productivity of free markets. Zwolinski 2008 shares some errors with Vallentyne 2010, but also includes the following ones. It is even less clear about what libertarian liberty is. It fails to understand that libertarianism (private-property anarchy and, possibly, minarchy) is a subset of classical liberalism. It asserts that libertarianism is about “the proper role of government.” It assumes (illogical) justificationist/foundationalist epistemology and does not mention critical-rationalist libertarianism. It eventually faults justificationism and unwittingly assumes something approaching critical rationalism. Finally, it embraces John Rawls’s “overlapping consensus” as a “justification” (i.e., defence) of libertarianism oblivious to the similar position in Lester 1996 and 2000. (shrink)

Kukathas’s proposed libertarian dilemma is introduced and two key criticisms of it stated. The following critical commentary then makes several main points. Kukathas’s account of libertarianism offers no theory of liberty at all, nor a coherent account of aggression. Consequently, he cannot see that his “Federation of Liberty” is not libertarian by a basic understanding of morals and non-invasive liberty, still less by a more precise theory of liberty. In trying to explain his “Union of Liberty,” Kukathas evinces considerable confusion (...) about the nature of libertarianism. His argument that a monopoly legal system is inevitable is also neither plausible nor libertarian. He has apparently overlooked the cogent arguments against Nozickian minarchy, and in favor of anarchy. It is concluded that the neglect of libertarian theories of liberty and anarchy is the underlying problem. (shrink)

Applying critical rationalism, all criticism is to be welcomed. A response can help to elucidate matters even when the criticisms are poor, misconceived, and hostile. Thus, we turn to the review.

I thank Professor Otteson for his review of Escape from Leviathan (EfL). His exposition of what I wrote is relatively accurate. I shall here do my best to correct any misunderstandings and reply to his welcome criticisms, ignoring our various points of agreement and his generous praise.