In this book Alan Haworth tends to sneer at libertarians. However, there are, I believe, a few sound criticisms. I have always held similar opinions of Murray Rothbard‟s and Friedrich Hayek‟s definitions of liberty and coercion, Robert Nozick‟s account of natural rights, and Hayek‟s spontaneous-order arguments. I urge believers of these positions to read Haworth. But I don‟t personally know many libertarians who believe them (or who regard Hayek as a libertarian).

This is an excellent though largely uncritical introduction to, and defence of, Robert Nozick‟s Anarchy, State and Utopia (New York: Basic Books, 1974). It is also quite a good introduction to libertarianism. It is full of good arguments. I shall confine myself to critical remarks. My responses are mainly in the order that matters arise in the book.

D O N A L D D AV I D S O N’S “ Meaning and Truth,” re vo l u t i o n i zed our conception of how truth and meaning are related (Davidson    ). In that famous art i c l e , Davidson put forw a rd the bold conjecture that meanings are satisfaction conditions, and that a Tarskian theory of truth for a language is a theory of meaning for that language. (...) In “Meaning and Truth,” Davidson proposed only that a Tarskian truth theory is a theory of meaning. But in “Theories of Me a n i n g and Learnable Languages,” he argued that the finite base of a Tarskian theory, together with the now familiar combinatorics, would explain how a language with unbounded expre s s i ve capacity could be learned with finite means ( Davidson    ). This certainly seems to imply that learning a language is, in p a rt at least, learning a Tarskian truth theory for it, or, at least, learning what is specified by such a theory. Davisdon was cagey about committing to the view that meanings actually a re satisfaction conditions, but subsequent followers had no such scru p l e s . We can sum this up in a trio of claims: Davidson’s Conjecture () A theory of meaning for L is a truth-conditional semantics for L. () To know the meaning of an expression in L is to know a satisfaction condition for that expression. () Meanings are satisfaction conditions. For the most part, it will not matter in what follows which of these claims is at stake. I will simply take the three to be different ways of formulating what I will call Davidson’s Conjecture (or sometimes just The Conjecture). Davidson’s Conjecture was a very bold conjecture. I think we are now in a.. (shrink)

Does the content of a physically dangerous job affect the moral permissibility of hiring for that job? To what extent may employers consider costs in choosing workplace safety measures? Drawing on Kantian ethical theory, this article defends two strong ethical standards of workplace safety. First, the content of a hazardous job does indeed affect the moral permissibility of offering it. Unless employees need hazard pay to meet basic needs, it is permissible to offer a dangerous job only if prospective employees (...) have a reason other than hazard pay to choose this job instead of safer alternatives. Second, employers typically cannot justify omitting expensive safety measures by paying employees more, even if employees prefer higher pay to greater safety. Employers offering dangerous jobs must meet these two standards to avoid treating their employees merely as means. (shrink)

Recently, dramatic price increases by several pharmaceutical companies have provoked public outrage. These scandals raise questions both about how pharmaceutical firms should be regulated and about how pharmaceutical executives ethically ought to make pricing decisions when drug prices are largely unregulated. Though there is an extensive literature on the regulatory question, the ethical question has been largely unexplored. This article defends a Kantian approach to the ethics of pharmaceutical pricing in an unregulated market. To the extent possible, pharmaceutical companies must (...) price drugs so that those who genuinely need them can get them without financial ruin. This requirement is an ethical side constraint, like the moral prohibitions on deception and theft, that takes precedence over a business’s interest in maximizing profit. That said, the requirement’s application is sensitive to the need to recoup the costs of research and to produce a return that financially justifies the original investment. It may not be either feasible or desirable for government to attempt to enforce the ethical requirements concerning just pharmaceutical pricing. Either price regulation or subsidy could fulfill government’s obligation to protect patients from being objectionably vulnerable to pricing decisions by private companies. (shrink)

Some sharing economy firms have adopted a strategy of “regulatory entrepreneurship,” openly violating regulations with the aim of rendering them dead letters. This article argues that in a democracy, regulatory entrepreneurship is a presumptively unethical business strategy. In all but the most corrupt political environments, businesses that seek to change their regulatory environment should do so through the democratic political process, and they should do so without using illegal business practices to build a political constituency. To show this, the article (...) defends a qualified moral obligation for businesspeople to obey the law even in societies that fall short of ideal democracy and that are rife with economic injustice. Owners and managers of successful businesses have strong moral reasons to obey laws concerning resource allocation. Such laws include not only property law, but also tax laws, environmental regulations, and other laws that regulate businesses in competitive markets. The moral reasons to obey such laws apply even to laws that business leaders think unfair or inefficient, provided that the laws in question have reasonable, good faith defenders. (shrink)

Government’s use of imprisonment raises distinctive moral issues. Even if government has broad authority to make and to enforce law, government may not be entitled to use imprisonment as a punishment for all the criminal laws it is entitled to make. Indeed, there may be some serious crimes that it is wrong to punish with imprisonment, even if the conditions of imprisonment are humane and even if no adequate alternative punishments are available.

When a business has competitors that break a burdensome law, is it morally required to obey this law, or may it break the law to avoid an unfair competitive disadvantage? Though this ethical question is pervasive in the business world, many non-skeptical theories of the obligation to obey the law cannot give it a clear answer. A broadly Kantian account, by contrast, can explain why businesspeople ought to obey laws of a certain type even under competitive pressure, namely laws that (...) play a direct role in defining rights to use physical or financial resources free from substantial interference. Businesspeople must obey these laws even at the cost of allowing their businesses to fail and even when the acts proscribed are mala prohibita. This argument for obeying the law in competitive contexts has limited scope. Considerations of fairness or self-preservation may justify violating laws of other types under competitive pressure. (shrink)

A discussion of a number of ways that information can be present in a computer program without being explicitly represented.

Many assume that whenever government is entitled to make a law, it is entitled to enforce that law coercively. I argue that the justification of legal authority and the justification of governmental coercion come apart. Both in ideal theory and in actual human societies, governments are sometimes entitled to make laws that they are not entitled to enforce coercively.

Classically, gratitude is a tri-polar construal, logically ordering a benefactor, a benefice, and a beneficiary in a favour-giving-receiving situation. Grammatically, the poles are distinguished and bound together by the prepositions ”to’ and ”for’; so I call this classic concept ”to-for’ gratitude. Classic religious gratitude follows this schema, with God as the benefactor. Such gratitude, when felt, is a religious experience, and a reliable readiness or ”habit’ of such construal is a religious virtue. However, atheists have sometimes felt an urge or (...) need for an analogous experience and virtue of gratitude, and theists sometimes feel intellectual discomfort with classical theistic gratitude on consideration of the misfortunes that characterize our life along with its blessings. In response, another conception of religious gratitude has been attempted, a construal that lacks the to-for structure. This paper probes the significance of the benefactor for gratitude, both secular and religious, and, with Søren Kierkegaard’s help, some features of the theology of classical religious gratitude that dissolve the problem of misfortunes. (shrink)

Many business transactions and employment contracts are wrongfully exploitative despite being consensual and beneficial to both parties, compared with a nontransaction baseline. This form of exploitation can present governments with a dilemma. Legally permitting exploitation may send the message that the public condones it. In some economic conditions, coercively enforced antiexploitation law may harm the people it is intended to help. Under these conditions, a way out of the dilemma is to enact laws with provisions that lack coercive enforcement. Noncoercive (...) law would convey the state’s condemnation of wrongful exploitation without risking the harmful effects of coercively enforced law. It would also give firms and their agents a way of explaining nonexploitative pricing decisions to investors, and it may help give precise content to the moral duty to set prices and wages fairly. Governments should thus consider noncoercive law a viable component of their responses to exploitation. (shrink)

This chapter provides a gentle introduction to contextual emergence and its implications for the structure of the material world as well as implications for meaning in our world.

In this introduction, before summarizing the contents of the volume, the authors characterize materialism as it is understood within the philosophy of mind, and they identify three respects in which materialism is on the wane.

One of the central controversies in normative business ethics is the question whether transactions and economic relationships can be wrongfully exploitative despite being mutually beneficial and consensual. This article argues that anyone who accepts a shareholder theory of business ethics should accept deontological constraints on mutually beneficial, consensual exploitation.

The turn of the nineteenth century marked a rich and exciting explosion of philosophical energy and talent. The enormity of the revolution set off in philosophy by Immanuel Kant was comparable, in Kant's own estimation, with the Copernican Revolution that ended the Middle Ages. The movement he set in motion, the fast-moving and often cantankerous dialectic of "German Idealism," inspired some of the most creative philosophers in modern times: including G. W. F. Hegel and Arthur Schopenhauer as well as those (...) who reacted against Kant--Marx and Kierkegaard, for example. This volume traces the emergence of German Idealism from Kant and his predecessors through the first half of the nineteenth century, ending with the irrationalism of Kierkegaard. It provides a broad, scholarly introduction to this period for students of philosophy and related disciplines, as well as some original interpretations of these authors. Also included is a glossary of technical terms as well as a chronological table of philosophical, scientific and other important cultural events. (shrink)

Considerations of autonomy and independence, properly understood, support strictly egalitarian provision of necessary medical treatment. If the financially better-off can purchase access to necessary medical treatments that the financially less well-off cannot purchase without help, then their discretionary power to give or to withhold monetary gifts indirectly gives them the power to make life-and-death or sickness-and-health decisions for others. To prevent private citizens from having this objectionable form of power, government must ensure that citizens’ finances do not affect their access (...) to medical treatments that significantly prolong life, relieve suffering, or cure or mitigate disabilities. Government should ensure this even if doing so involves leveling down and even if it is unclear whether egalitarian provision of necessary treatment would provide better care to the poor than a less egalitarian health care system would. (shrink)

Many ethicists maintain that medical research on human subjects that presents no prospect of direct medical benefit must have a prospect of social benefit to be ethical. Payment is not the sort of benefit that justifies exposing subjects to risk. Alan Wertheimer has raised a serious challenge to this view, pointing out that in industry, social value is not considered necessary to make dangerous jobs ethical. This article argues that Wertheimer was correct to think that the ethics of hazard pay (...) should be the same in medical research and in business. Nevertheless, a qualified social benefit requirement should apply in both fields. For a study or a job with significant net physical risk to be ethical, it must have social value beyond the satisfaction of ordinary preferences, including the preference for money. The requirement derives from a non-absolutist version of the doctrine of double effect. If a risky study or a dangerous job has no distinctive social value, and hazard pay is subjects' or workers’ only reason to undergo risks, the very fact that they undergo risk is intended as a means to a financial end. Inviting people to enrol in such a study or to take such a job wrongfully treats people as mere means. By contrast, if a study or a job has social value, people can participate with a primary end other than money, even if they accept compensation. Researchers or employers do not intend but merely foresee risks to subjects or workers. (shrink)

Many accounts of the moral duty to obey the law either restrict the duty to ideal democracies or leave the duty’s application to non-ideal societies unclear. This article presents and defends a partial account of the moral duty to obey the law in non-ideal societies, focusing on the duty to obey judicial orders. We need public judicial authority to prevent objectionable power relationships that can result from disputes about private agreements. The moral need to prevent power imbalances in private relationships (...) grounds a qualified moral duty to obey judicial decisions. The parties to a dispute are morally required to comply with a judicial order in their dispute if all of the following conditions obtain: the parties’ dispute was in good faith, the court’s resolution of the dispute is more impartial than either party’s own judgment, the order does not call for violation of important natural duties or important artificial duties that the duty-bearer incurred involuntarily, and the primary aim of disobeying the court order would be to advance an ordinary, non-political project, not to call public attention to an injustice. The moral duty to obey judicial decisions can survive significant departures from ideal fairness. (shrink)

This paper defends a new argument for enabling citizen participation in government: individuals must have genuine opportunities to try to change the law in order to be able to satisfy duties of conscience. Without such opportunities, citizens who regard systems of related laws as partially unjust face a moral dilemma. If they comply with these laws willingly without also trying to change them, they commit a pro tanto wrong by willingly participating in injustice . If they disobey, or if they (...) obey only to avoid sanction, they respond inadequately to the morally important purposes that the laws advance despite their injustice. Government should help citizens avoid this dilemma. This argument bolsters the non-instrumentalist view that responsiveness in the political process is desirable even if it does not promote just legislative outcomes. It also helps to explain what governments owe to citizens with minority political views. (shrink)

Many scholars believe that it is procedurally undemocratic for the judiciary to have an active role in shaping the law. These scholars believe either that such practices as judicial review and creative statutory interpretation are unjustified, or that they are justified only because they improve the law substantively. This Article argues instead that the judiciary can play an important procedurally democratic role in the development of the law. Majority rule by legislatures is not the only defining feature of democracy; rather, (...) a government is democratic to the extent to which it provides egalitarian forms of political participation. One such form of participation can be the opportunity to influence the law through the courts, either directly by participating in a case or indirectly by advocating litigation. Arguing from several examples, this Article shows that judicial decision-making allows different voices to be heard that may not necessarily have influence or power in majoritarian legislative structures or popular initiatives. Giving citizens the opportunity to change, to preserve, and to obtain authoritative clarification of the law through the courts can thus make a government procedurally more democratic. (shrink)

The term “environmental justice” carries with it a sort of ambiguity. On the one hand, it refers to a movement of social activism in which those involved fight and argue for fairer, more equitable distribution of environmental goods and equal treatment of environmental duties. This movement is related to, and ideally informed by, the second use of the term, which refers to the academic discipline associated with legal regulations and theories of justice and ethics with regard to sustainability, the environment, (...) and ecology. It is this latter, more academic—though vast and interdisciplinary—use of the term that is the subject of this essay. However, activists who pay careful attention to the arguments offered with regard to the political, legal, social, and philosophical treatments of these issues are potentially in a stronger position with regard to their own social movement. In that way, the two uses of the term may progress hand in hand. More broadly, however, the foundational claim about which both grassroots activists and legal, ethical, and policy advocates can agree is that environmental burdens—climate change, pollution, and their associated health risks—are borne disproportionately by the poorest and most vulnerable populations, and tend to have the greatest impact on racial and ethnic minorities, no matter where they are in the world. This is what makes the empirical questions about the environment a normative question about justice. (shrink)

The thesis that subsumption is sufficient for explanation is dying out, but the thesis that it is necessary is alive and well. It is difficult to attack this thesis: non-subsumptive counter-examples are declared incomplete, or mere promissory notes. No theory, it is thought, can be explanatory unless it resorts to subsumption at some point. In this paper I attack this thesis by describing a theory that (1) would explain every event it could describe, (2) does not explain by subsumption, and (...) (3) is fundamental in that it is understood to be irreducible (hence there are no unstated laws waiting in the wings). (shrink)

In "The Compatibility of Naturalism and Scientific Realism" (Dec. 2003) , Brian Holtz offers two objections to my argument in "The Incompatibility of Naturalism and Scientific Realism" (in Naturalism: A Critical Appraisal , edited by William Lane Craig and J. P. Moreland, Routledge, 2000). His responses are: (1) my argument can be deflected by adopting a pragmatic or empiricist "definition" of "truth", and (2) the extra-spatiotemporal cause of the simplicity of the laws need not be God, or any other personal (...) being. (shrink)

Abstract: In Chapter 4 of his "Self-Deception Unmasked" (SDU), Al Mele considers several (attempted) empirical demonstrations of self-deception. These empirical demonstrations work under the conception of what Mele refers to as the 'dual-belief requirement', in which an agent simultaneously holds a belief p and a belief ~p. Toward the end of this chapter, Mele considers the argument of one biologist and anthropologist, Robert Trivers, who describes what he takes to be an evolutionary explanation for coming to form false beliefs. (...) Mele argues briefly that Trivers's account is no more explanatory than a similar one that does not include the dual-belief requirement. I present a case describing Trivers' analysis, show how Mele might reply to it. After briefly explaining Mele's sufficient conditions for entering self-deception from Chapter 3 of SDU, I'll consider what it means to hold the dual-belief. I'll then consider what I take to be a class of cases of self-deception which rely on genetic determinism, which I take to satisfy the dual-belief condition. (shrink)

Recently, the Intelligent Design movement has challenged the claim of many in the scientific establishment that nature gives no empirical signs of having been deliberately designed. In particular, ID arguments in biology dispute the notion that neo-Darwinian evolution is the only viable scientific explanation of the origin of biological novelty, arguing that there are telltale signs of the activity of intelligence which can be recognized and studied empirically. In recent years, a number of Catholic philosophers, theologians, and scientists have expressed (...) opposition to ID. Some of these critics claim that there is a conflict between the philosophy of St. Thomas Aquinas and that of the ID movement, and even an affinity between Aquinas’s ideas and theistic Darwinism. We consider six such criticisms and find each wanting. (shrink)

Tort law depends on three key concepts: causation, responsibility, and fault. However, I argue that the three key concepts are neither necessary, nor sufficient, for tort.

We attempt here to trace the evolution of Frege’s thought about truth. What most frames the way we approach the problem is a recognition that hardly any of Frege’s most familiar claims about truth appear in his earliest work. We argue that Frege’s mature views about truth emerge from a fundamental re-thinking of the nature of logic instigated, in large part, by a sustained engagement with the work of George Boole and his followers, after the publication of Begriffsschrift and the (...) appearance of critical reviews by members of the Boolean school. (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)

We submit this brief in support of the Nonhuman Rights Project’s efforts to secure habeas corpus relief for the elephant named Happy. The Supreme Court, Bronx County, declined to grant habeas corpus relief and order Happy’s transfer to an elephant sanctuary, relying, in part, on previous decisions that denied habeas relief for the NhRP’s chimpanzee clients, Kiko and Tommy. Those decisions use incompatible conceptions of ‘person’ which, when properly understood, are either philosophically inadequate or, in fact, compatible with Happy’s personhood.

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.

1) Introduction. 2) The key libertarian insight into property and orthodox libertarianism’s philosophical confusion. 3) Clearer distinctions for applying to what follows: abstract liberty; practical liberty; moral defences; and critical rationalism. 4) The two dominant (‘Lockean’ and ‘Hobbesian’) conceptions of interpersonal liberty. 5) A general account of libertarianism as a subset of classical liberalism and defended from a narrower view. 6) Two abstract (non-propertarian, non-normative) theories of interpersonal liberty developed and defended: ‘the absence of interpersonal initiated imposed constraints on want-satisfaction’, (...) abbreviated to ‘no initiated imposed costs’; and ‘no imposed costs’. 7) Practical implications for both main abstract conceptions of liberty derived and compared. 8) How this positive analysis relates to morals. 9) Concluding conjectures: the main abstract theory of liberty captures the relevant interpersonal conception; the new paradigm of libertarianism solves the old one’s problems. (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)

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 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)

As someone who wishes Escape from Leviathan (EfL) to succeed, I am grateful for a review with such high praise from a well-known classical liberal. As a critical rationalist who also wishes to learn from his mistakes, I am also grateful for Norman Barry’s criticisms. The only way that I can hope to try to repay these and appreciate their full force is by doing my best to reply to them.

Why learn about philosophy? Because it is the master subject; more fundamental than all of the others: it critically examines their fundamental assumptions and presuppositions. And without some grasp of philosophy one cannot be fully educated or even intellectually autonomous: one is the meme-marionette of unexamined traditions, fashions, and commonsense assumptions.

This brief monograph was written in an attempt to discover the general situation of Disability Studies, given that this appears to have become a growth area in academia with various typically illiberal aspects. The findings bear out the initial impression. There is a style of argument, even propaganda (for there is usually little genuine engagement with opposing liberal views), that can be seen in many other areas of academia. It amounts to a relatively new ‘progressive’ industry with various fashionable keywords, (...) phrases and ideologies—often not obviously related to disabilities in any serious way—indicating the nature of the beast: ‘progressive’, ‘radical’, ‘oppression’, ‘bourgeois’, ‘empowerment’, ‘rights’, ‘equal opportunities’, ‘discrimination’, ‘prejudice’, ‘citizenship’, ‘social justice’, ‘socially constructed’, ‘Marxism’, ‘Post Modernism’ and ‘Feminism’. The overall picture is that disability has become increasingly politicised along politically correct lines to the detriment of society as a whole and, eventually, even to the disabled themselves. This is largely caused by the endemic trahison des clercs in our tax-consuming and coercively monopolised university system. (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)

This essay explains various significant errors, imprecisions, and omissions concerning libertarianism in Long 2013. The “right not to be aggressed against” is not, as such, the libertarian right because the ‘right to liberty’ must be that right (although not being aggressed against can charitably be interpreted as equivalent). There are non-libertarian rights, but they don’t override the right to liberty. Unsupported assumptions are inevitable because justifications are impossible. Rights should not be “defined” but, rather, morally and metaphysically theorised—with criticism permanently (...) invited. Moral and legal permissibility need to be clearly distinguished. The conceptions of “aggression” and “force” are normative and confused. It is possible to advocate the right to liberty on no grounds whatsoever and also to conjecture that liberty (deontologically) and welfare (consequentially) are systematically compatible in practice for theoretical and causal reasons. The rejection of positive rights is “privileging” and not “conceptual”. Libertarian property needs to be derived from an explicit, non-normative, theory of libertarian liberty. Long 2013’s overall account is “mysterious” and “one-sided”. (shrink)

Why learn about libertarianism? Because politics causes or exacerbates the very problems that it purports to solve, or it misperceives voluntary behaviour and free markets as problems. Liberty is always preferable: its maximal practical observance entailing self-ownership, private property, and consensual interactions. And libertarianism will be the ideological framework of the future of humankind.

Charles Murray describes himself as a libertarian, most notably in his short book, What it Means to be a Libertarian. He might more accurately have described himself as having libertarian tendencies. My reading of Simple Justice is that the views it espouses are far more traditionalist than libertarian. Neither traditionalist state-retribution nor modernist state-leniency is libertarian. Nor does either provide as just or efficient a response to crime as does libertarian restitution, including restitutive retribution. Here, I shall respond directly only (...) to Murray's views, rather than also deal with state-leniency. This is because I accept Murray's thesis, without endorsing his specific arguments for it, that state-leniency is disastrous as a response to crimes against persons and their justly acquired property. (shrink)

Libertarians are mistaken to seek foundations, to take sides over moral approaches, and to have no proper theory of liberty.

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)

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)

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)