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).

The editors of the Journal of Applied Philosophy allowed Alan Haworth to reply to my short review of his Anti-Libertarianism. The editors would not allow me to respond to Haworth. Thanks to the openness of internet publication and the Libertarian Alliance website, this can now be rectified and Haworth's reply can no longer escape a public critical response.

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)

This essay explains Jeffrey Friedman's two fundamental and persistent philosophical errors concerning the libertarian conception of liberty and the lack of a "justification‟ of libertarianism. It is ironic that Friedman himself is thereby revealed to be guilty of both an “a priori” anti-libertarianism and an anti-libertarian “straddle.” Critical-rationalist, proactive-imposition-minimising libertarianism remains completely unchallenged by him.

Reductionism about testimony holds that testimonial warrant or entitlement is just a species of inductive warrant. Anti-Reductionism holds that it is different from inductive but analogous to perceptual or memorial warrant. Perception receives much of its positive epistemic status from being reliably truthconducive in normal conditions. One reason to reject the epistemic analogy is that testimony involves agency – it goes through the will of the speaker – but perception does not. A speaker might always choose to lie or (...) otherwise deliberately mislead. It is argued that the force of this derives (in part) from Libertarianism about agency, and that Libertarianism, if it undermines the Anti-Reductionist explanation of why we are entitled to rely upon testimony, undermines the Reductionist explanation as.. (shrink)

We explain libertarian thought about family and children, including controversial issues in need of serious attention. To begin our discussion of marriage, we distinguish between procedural and substantive contractarian approaches to marriage, each endorsed by various libertarians. Advocates of both approaches agree that it is a contract that makes a marriage, not a license, but disagree about whether there are moral limits to the substance of the contract with only advocates of the substantive approach accepting such. Either approach, though, offers (...) advantages over the current licensing system, so we discuss paths from that to a contractarian system. We also discuss the concept of marriage itself, the ages of consent for marriage, sexual activity, and reproduction, as well as how marriages can be dissolved, and coercion that sometimes occurs in marriage. We then turn to children. We first discuss reproductive freedom and then discuss the moral relationship between children and parents, especially considering stewardship, propertarian, and best interests approaches (we also touch on anti-natalism). One of the biggest issues facing parents is how to properly raise and educate children; we discuss this in depth and consider the sort of schooling that should be offered in a free society. Since children lack the requisite ability to consent, they cannot choose their education; how to respond to this is of the utmost importance for libertarians. As we note, the same issue of consent looms large for many forms medical treatment of children. (shrink)

To explain the correct libertarian approach to immigration, a thought-experiment posits a minimal-state libertarian UK and then the introduction of several relevant anti-libertarian policies with their increasingly disastrous effects. It is argued that the reverse of these imagined policies, as far as is politically possible, must be the correct way forward. This framing is intended to counter the tendency for many articles to misapply libertarian principles to the current messy situation on the mistaken assumption that a state need only (...) stop interfering without rectifying or adjusting for its previous interferences. The relevant parts of various open-border texts are then criticised in light of this and for other errors, in particular for overlooking the likely huge scale of immigration as indicated by Gallup surveys. Additional criticisms are addressed in footnotes throughout. The conclusion outlines three broad options on immigration and suggests that directionally-libertarian policies are both more libertarian and practical than having states open their borders. The readers that might be interested in this subject matter include those engaging in libertarian philosophy, economics, and political theory. (shrink)

How accurate is Kevin Carson’s characterization of “freed” markets? Carson, a left-libertarian “free market anti-capitalist,” portrays free markets as so radically different from actually-existing markets that they are almost unrecognizable. In The Homebrew Industrial Revolution: A Low Overhead Manifesto, he provides an alternative history of industrialization that argues that large-scale industrial organization and production are largely creatures of state intervention and that truly free markets would be characterized mainly by small-scale production for local markets. This paper evaluates Carson’s narrative (...) in order to determine whether his vision of the freed market is credible. I find that Carson fails to provide sufficient evidence to demonstrate that, but for government intervention, national markets would only exist for a few goods. Furthermore, many of the features he believes freed markets would possess are based on fallacious views of competition, knowledge, capital, and entrepreneurship. (shrink)

How congenial with libertarianism is Thomas E. Woods, Jr.'s, best selling but controversial Politically Incorrect Guide to American History? In fact, only about half the time. Some sections are quite good, from both a scholarly and ideological vantage. But the book's conservative reverence for the Constitution, for the Old South, and for tradition in general too often triumphs over a libertarian respect for individual rights. Many of the negative reviewers dislike The Politically Incorrect Guide to American History for being (...) too anti the United States government. The real problem is that the book is not anti-government enough. (shrink)

Peter Graham has recently given a dilemma purportedly showing the compatibility of libertarianism about free will and the anti-skeptical epistemology of testimony. In the first part of this paper I criticize his dilemma: the first horn either involves a false premise or makes the dilemma invalid. The second horn relies without argument on an implausible assumption about testimonial knowledge, and even if granted, nothing on this horn shows libertarianism does not entail skepticism about testimonial justification. I then (...) argue for the incompatibility of (i) a view entailed by Open Theism, viz., that there are no true counterfactuals of freedom, (ii) a popular form of process reliabilism about justification and knowledge, and (iii) a weak anti-skepticism about testimonial justification and knowledge. I conclude that there is a costly tension between certain views about testimony and about free will. (shrink)

Like American politics, the academic debate over justice is polarized, with almost all theories of justice falling within one of two traditions: egalitarianism and libertarianism. This book provides an alternative to the partisan standoff by focusing not on equality or liberty, but on the idea that we should give people the things that they deserve. Mulligan argues that a just society is a meritocracy, in which equal opportunity prevails and social goods are distributed strictly on the basis of merit. (...) That gives citizens their just deserts. In addition to its novel conceptual approach, meritocracy is distinctive from existing work in two ways. First, it is grounded in research on how people actually think about justice. Empirical research reveals that people don't think that social goods should be distributed equally. Nor do they dismiss the idea of social justice. Across ideological and cultural lines, people want rewards to reflect merit. Second, the book discusses hot-button political issues and makes concrete policy recommendations. These issues include anti-meritocratic bias against women and racial minorities and the United States’ widening economic inequality. Justice and the Meritocratic State offers a new theory of justice and provides solutions to our most vexing social and economic problems. It will be of keen interest to philosophers, economists, and political theorists. (shrink)

In A Metaphysics for Freedom, Helen Steward proposes and defends a novel version of the libertarian account of free action. Amongst several objections that she considers to her view, one that looms particularly large is the Challenge from Chance: ‘the most powerful, widely-promulgated and important line of anti-libertarian reasoning’. This paper begins by arguing that Steward’s response to the Challenge is not fully convincing. It then goes on to explore a further possible libertarian line of defence against the Challenge, (...) arguing that it, too, ultimately fails. The conclusion is that the Challenge remains an important source of dialectical advantage for the compatibilist. (shrink)

P.F. Strawson’s (1962) “Freedom and Resentment” has provoked a wide range of responses, both positive and negative, and an equally wide range of interpretations. In particular, beginning with Gary Watson, some have seen Strawson as suggesting a point about the “order of explanation” concerning moral responsibility: it is not that it is appropriate to hold agents responsible because they are morally responsible, rather, it is ... well, something else. Such claims are often developed in different ways, but one thing remains (...) constant: they meant to be incompatible with libertarian theories of moral responsibility. The overarching theme of this paper is that extant developments of “the reversal” face a dilemma: in order to make the proposals plausibly anti-libertarian, they must be made to be implausible on other grounds. I canvas different attempts to articulate a “Strawsonian reversal”, and argue that none is fit for the purposes for which it is intended. I conclude by suggesting a way of clarifying the intended thesis: an analogy with the concept of funniness. The result: proponents of the “reversal” need to accept the difficult result that if we blamed small children, they would be blameworthy, or instead explain how their view escapes this result, while still being a view on which our blaming practices “fix the facts” of moral responsibility. (shrink)

This article argues that diverse theorists have reasons to theorize about fairness in nonideal conditions, including theorists who reject fairness in ideal theory. It then develops a new all-purpose model of ‘nonideal fairness.’ §1 argues that fairness is central to nonideal theory across diverse ideological and methodological frameworks. §2 then argues that ‘nonideal fairness’ is best modeled by a nonideal original position adaptable to different nonideal conditions and background normative frameworks (including anti-Rawlsian ones). §3 then argues that the parties (...) to the model have grounds to seek a variety of remedial social, legal, cultural, and economic ‘nonideal primary goods’ for combating injustice, as well as grounds to distribute these goods in an equitable and inclusive manner. Finally, I illustrate how the model indexes the nonideal primary goods it justifies to different nonideal contexts and background normative frameworks, illustrating why diverse theorists should find the model and its output principles attractive. (shrink)

The late twentieth century saw two long-term trends in popular thinking about ethics. One was an increase in relativist opinions, with the “generation of the Sixties” spearheading a general libertarianism, an insistence on toleration of diverse moral views (for “Who is to say what is right? – it’s only your opinion.”) The other trend was an increasing insistence on rights – the gross violations of rights in the killing fields of the mid-century prompted immense efforts in defence of the (...) “inalienable” rights of the victims of dictators, of oppressed peoples, of refugees. The obvious incompatibility of those ethical stances, one anti-objectivist, the other objectivist in the extreme, proved no obstacle to their both being held passionately, often by the same people. (shrink)

Perszyk has argued that Molinists cannot consistently endorse the consequence argument because of a structurally similar argument for the incompatibility of true Molinist counterfactuals of freedom and the ability to do otherwise. Wierenga has argued that on the proper understanding of CCFs, there is a relevant difference between the consequence argument and the anti-Molinist argument. I argue that, even on Wierenga’s understanding of CCFs, there is in fact no relevant difference between the two arguments. Moreover, I strengthen Perszyk’s challenge (...) by highlighting further relevant similarities between CCFs and facts about the laws. (shrink)

Jason Brennan and Peter Jaworski argue in recent work that “semiotic” or “symbolic” objections to markets are unsuccessful. I counter-argue that there are indeed some semiotic limits on markets and that anti-commodification theorists are not merely expressing disgust when they disapprove of markets in certain goods on those grounds. One central argument is that, contrary to what Brennan and Jaworski claim, semiotic arguments against markets do not depend fundamentally on meanings that prevail about markets. Rather, they depend on the (...) meanings that attach to various goods, meanings that give us moral bases on which to make judgments about their prospective commodification. (shrink)

Free will skepticism maintains that what we do, and the way we are, is ultimately the result of factors beyond our control and because of this we are never morally responsible for our actions in the basic desert sense—the sense that would make us truly deserving of praise and blame. In recent years, a number of contemporary philosophers have advanced and defended versions of free will skepticism, including Derk Pereboom (2001, 2014), Galen Strawson (2010), Neil Levy (2011), Bruce Waller (2011, (...) 2015), and myself (Caruso 2012, 2013, forthcoming). Critics, however, often complain that adopting such views would have dire consequences for ourselves, society, morality, meaning, and the law. They fear, for instance, that relinquishing belief in free will and basic desert moral responsibility would leave us unable to adequately deal with criminal behavior, increase anti-social conduct, and undermine meaning in life. -/- In response, free will skeptics argue that life without free will and basic desert moral responsibility would not be as destructive as many people believe (see, e.g., Pereboom 2001, 2014; Waller 2011, 2015; Caruso 2016, forthcoming). According to optimistic skeptics, prospects of finding meaning in life or of sustaining good interpersonal relationships, for instance, would not be threatened. And although retributivism and severe punishment, such as the death penalty, would be ruled out, incapacitation and rehabilitation programs would still be justified (see Pereboom 2001, 2013, 2014; Levy 2012; Caruso 2016; Pereboom and Caruso, forthcoming). In this paper, I attempt to extend this general optimism about the practical implications of free will skepticism to the question of creativity. -/- In Section I, I spell out the question of creativity and explain why it’s relevant to the problem of free will. In Section II, I identify three different conceptions of creativity and explain the practical concerns critics have with free will skepticism. In Section III, I distinguish between three different conceptions of moral responsibility and argue that at least two of them are consistent with free will skepticism. I further contend that forward-looking accounts of moral responsibility, which are perfectly consistent with free will skepticism, can justify calling agents to account for immoral behavior as well as providing encouragement for creative activities since these are important for moral and creative formation and development. I conclude in Section IV by arguing that relinquishing belief in free will and basic desert would not mean the death of creativity or our sense of achievement since important and realistic conceptions of both remain in place. (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)

I am going to argue that it is a cost of libertarianism that it holds our status as agents hostage to theoretical physics, but that claim has met with disagreement. Some libertarians regard it as the cost of doing business, not a philosophical liability. By contrast, Peter van Inwagen has addressed the worry head on. He says that if he were to become convinced that causal determinism were true, he would not change his view that humans are free and (...) morally responsible. Rather, he would give up at least one of the formerly-thought-to-be a priori truths that are elements in his argument for the incompatibility of causal determinism and the relevant sort of freedom. Thus, according to van Inwagen, our status as free and morally responsible agents would not be held hostage to the physicists or hang on a thread I think that van Inwagen’s strategy for securing our freedom and responsibility is unattractive. Somewhat tendentiously, I have called the rejection of an a priori ingredient in the incompatibilist’s argument, contingent upon learning that causal determinism is true, ‘metaphysical fip-flopping.’ -/- And it does seem that van Inwagen’s approach is implausible insofar as he is open to such metaphysical fip-fopping. That he is open to it—that he would fip-fop if he became convinced of the truth of causal determinism—is a problem for his actual philosophical position. Or so I will argue. (shrink)

Libertarianism about free will conjoins the thesis that free will requires indeterminism with the thesis that we have free will. Here the claim that we have experiential evidence for the libertarian position is assessed. It is argued that, on a straightforward reading, the claim is false, for our experiences as agents don't support the claim that free will requires indeterminism. However, our experiences as agents may still have a role to play in an overall case for libertarianism, insofar (...) as they give us some (defeasible) reason to think that we have free will. This latter claim is defended against a pair of objections that have been leveled against it. (shrink)

There are many different kinds of libertarianism. The first is right libertarianism, which received its most powerful expression in Robert Nozick’s Anarchy, State and Utopia (1974), a book that still sets the baseline for discussions of libertarianism today. The second, I will call faux libertarianism. For reasons I will explain in this paper, most ‘man-on-the-street’ libertarians and most politicians who claim to be libertarians are actually this kind of libertarian. And third, there is left libertarianism, (...) which is what I shall spend most of this paper explicating. But I will not simply be surveying the views of those who identify as left libertarians and put this forth as if I were engaged in an exegetical exercise. Instead, what I shall set forth is a kind of manifesto, a statement of why I consider myself a left libertarian, one that takes this approach to political morality well beyond where it was left around the end of the last century by the previous generation of left libertarians. My hope is to provide those who find certain left libertarian ideas attractive a guide by which they can explain and harmonise their own views, recognise left libertarianism as a distinct comprehensive political doctrine, and feel more open to identify themselves as left libertarian too. (shrink)

This paper tries to summarize the main lines of discussion at the conference "Compatibilist Libertarianism: Advantages and Challenges" (October 29, 2021). This conference, organised by Alexander Gebharter and Maria Sekatskaya, served the discussion of Christian List's account of compatibilist libertarianism. Speakers were Taylor W. Cyr, Nadine Elzein, Alexander Gebharter, Christian List, Alfred R. Mele, Leonhard Menges, Tuomas K. Pernu, and Maria Sekatskaya.

This paper explores the implications of libertarianism for welfare policy. There are two central arguments. First, the paper argues that if one adopts a libertarian framework, it makes most sense to be a Lockean right-libertarian. Second, the paper argues that this form of libertarianism leads to the endorsement of a fairly extensive set of redistributive welfare programs. Specifically, the paper argues that Lockean right-libertarians are committed to endorsing welfare programs under which the receipt of benefits is conditional on (...) meeting a work requirement, and also endorsing some form of publicly funded jobs of last resort for potential welfare recipients. (shrink)

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)

In recent years, a large amount of scholarship has been written about St Thomas Aquinas's views on free will and determinism. This paper is an attempt to bring some Thomist views of libertarian free will into dialogue with analytic philosopher Peter van Inwagen and his ‘mysterianism’ about free will. The thesis of this paper is that Thomist libertarians about free will are committed to Peter van Inwagen's mysterianism about free will. The paper intends to accomplish this aim by showing how (...) recent accounts of Thomist libertarianism cannot defeat the intuitive strength of van Inwagen's ‘Replay argument’. The significance of this conclusion is that some Thomists are committed to mysterianism and that mysterianism is a legitimate position a Thomist can hold. This also provides evidence that the Thomist tradition can grow and be nourished by engagement with contemporary analytic philosophy. (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)

Anti-exceptionalism about logic is the thesis that logic is not special. In this paper, I consider, and reject, a challenge to this thesis. According to this challenge, there are basic logical principles, and part of what makes such principles basic is that they are epistemically exceptional. Thus, according to this challenge, the existence of basic logical principles provides reason to reject anti-exceptionalism about logic. I argue that this challenge fails, and that the exceptionalist positions motivated by it are (...) thus unfounded. I make this case by disambiguating two senses of ‘basic’ and showing that, once this disambiguation is taken into account, the best reason we have for thinking that there are basic principles actually implies that those principles do not require a special epistemology. Consequently, the existence of basic logical principles provides reason to accept, rather than reject, anti-exceptionalism concerning the epistemology of logic. I conclude by explaining how an abductivist, anti-exceptionalist approach to the epistemology of logic can accommodate the notion of basic logical principles. (shrink)

A standard natural rights argument for libertarianism is based on the labor theory of property: the idea that I own my self and my labor, and so if I "mix" my own labor with something previously unowned or to which I have a have a right, I come to own the thing with which I have mixed by labor. This initially intuitively attractive idea is at the basis of the theories of property and the role of government of John (...) Locke and Robert Nozick. Locke saw and Nozick agreed that fairness to others requires a proviso: that I leave "enough and as good" for others. The same considerations apply to legitimate acquisition by voluntary exchange, gift, or bequeathal. -/- This sort of argument has been critiqued for the purely hypothetical and counterfactual nature of its premises, for the coherence of the idea of self-ownership, for the notion that mixing what I own with what I do not gives me a right in what I do not rather than wasting what I own, and for the unacceptably cruel and heartless consequences of adopting it, among other reasons. -/- However, I accept the premises and waive (though note) these objections, and formulate a new objection, showing that to give me a right in what I do not own, the labor theory of property requires a commitment to a right to what I need. I distinguish several senses of need and show that the sense of need the argument requires is "use need," the need I have to to use something to exercise my labor on it. This turns out to have a startling counter-intuitive result: the libertarian principle, so understood, turns out to be "to each according to his needs," which Marx identified as the principle of the highest phase of communism as he understood it. If communism is understood as in some sense egalitarian, this argument for libertarianism turns itself inside out into an argument for egalitarian communism. Libertarians therefore cannot use the Labor Theory of Property to defend the positions they typically wish to hold. (shrink)

This paper presents a new challenge for libertarianism. The problem, in a nutshell, is that libertarianism appears to self-destruct in cases where conjoined twins—who share body parts—disagree over what to do with them. The problem is explored, and some solutions are proposed. The verdict is that accepting any of them will make libertarianism harder to defend.

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)

In his paper ‘A libertarian case for mandatory vaccination’, Jason Brennan argues that even libertarians, who are very averse to coercive measures, should support mandatory vaccination to combat the harmful disease outbreaks that can be caused by non-vaccination. He argues that libertarians should accept the clean hands principle, which would justify mandatory vaccination. The principle states that there is a (sometimes enforceable) moral obligation not to participate in collectively harmful activities. Once libertarians accept the principle, they will be compelled to (...) support mandatory vaccination. In my paper, I argue that the cases Brennan uses to justify this principle are disanalogous to the case of non-vaccination and that they are not compelling to libertarians. The cases Brennan offers can be explained by a libertarian using the individual sufficiency principle: which states that if an individual’s action is sufficient to cause harm, then there is a (sometimes enforceable) moral obligation not to carry out that action. I argue that this principle is more appropriate to Brennan’s examples, and more appealing to the libertarian, than the clean hands principle. In order to get libertarians to accept the clean hands principle, I present a modified version of one of Brennan’s cases that is analogous to the case of non-vaccination. Using this case, I argue that whether the clean hands principle will justify mandatory vaccination is dependent on whether the herd immunity rate in a given population is approaching a threshold after which a collective risk of harm will be imposed onto others. (shrink)

This paper begins by applying a version of Timothy Williamson’s anti-luminosity argument to normative properties. This argument suggests that there must be at least some unknowable normative facts in normative Sorites sequences, or otherwise we get a contradiction given certain plausible assumptions concerning safety requirements on knowledge and our doxastic dispositions. This paper then focuses on the question of how the defenders of different forms of metaethical anti-realism (namely, error theorists, subjectivists, relativists, contextualists, expressivists, response dependence theorists, and (...) constructivists) could respond to the explanatory challenge created by the previous argument. It argues that, with two exceptions, the metaethical anti-realists need not challenge the argument itself, but rather they can find ways to explain how the unknowable normative facts can obtain. These explanations are based on the idea that our own attitudes on which the normative facts are grounded need not be transparent to us either. Reaching this conclusion also illuminates how metaethical anti-realists can make sense of instances of normative vagueness more generally. (shrink)

Agent-causal libertarians maintain we are irreducible agents who, by acting, settle matters that aren’t already settled. This implies that the neural matters underlying the exercise of our agency don’t conform to deterministic laws, but it does not appear to exclude the possibility that they conform to statistical laws. However, Pereboom (Noûs 29:21–45, 1995; Living without free will, Cambridge University Press, Cambridge, 2001; in: Nadelhoffer (ed) The future of punishment, Oxford University Press, New York, 2013) has argued that, if these neural (...) matters conform to either statistical or deterministic physical laws, the complete conformity of an irreducible agent’s settling of matters with what should be expected given the applicable laws would involve coincidences too wild to be credible. Here, I show that Pereboom’s argument depends on the assumption that, at times, the antecedent probability certain behavior will occur applies in each of a number of occasions, and is incapable of changing as a result of what one does from one occasion to the next. There is, however, no evidence this assumption is true. The upshot is the wild coincidence objection is an empirical objection lacking empirical support. Thus, it isn’t a compelling argument against agent-causal libertarianism. (shrink)

Perhaps the greatest impediment to a viable libertarianism is the provision of a satisfactory explanation of how actions that are undetermined by an agent's character can still be under the control of, or ‘up to’, the agent. The ‘luck problem’ has been most assiduously examined by Robert Kane who supplies a detailed account of how this problem can be resolved. Although Kane's theory is innovative, insightful, and more resourceful than most of his critics believe, it ultimately cannot account for (...) the type of control that moral responsibility and (ultimate) agency legitimately require. (shrink)

Barbara Fried described John Rawls’s response to libertarianism as “the unwritten theory of justice.” This paper argues that while there is no need for a new theory of justice to address the libertarian challenge, there is a need for an additional chapter. Taking up Fried’s suggestion that the Rawlsian response would benefit from a revised list of primary goods, I propose to add employment to the list, thus leading to adoption of a full employment principle in the original position (...) that ensures that anyone who wants to work will be able to do so. I argue that although Rawls famously proposed government as employer of last resort, he never integrated that comment into his theory, which lacks a full employment principle and says nothing about the injustice of involuntary unemployment in its ideal theory. I first refute the received view of Rawls’s treatment of employment as required by its importance for citizens’ self-respect, then show that in fact, the full employment assumption is the result of the role of general equilibrium theory in Rawls’s model of a well-ordered society, and indicate why developments in economic theory and economic policy support the proposed revision. (shrink)

In contemporary philosophy of science, the no-miracles argument and the pessimistic induction are regarded as the strongest arguments for and against scientific realism, respectively. In this paper, I construct a new argument for scientific realism which I call the anti-induction for scientific realism. It holds that, since past theories were false, present theories are true. I provide an example from the history of science to show that anti-inductions sometimes work in science. The anti-induction for scientific realism has (...) several advantages over the no-miracles argument as a positive argument for scientific realism. (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)

Some people may think that libertarianism and meritocracy have much in common; that the libertarian's ideal world looks like the meritocrat's ideal world; and that the public policies guiding us to each are one and the same. This is wrong in all respects. In this essay I explain why. -/- After providing an overview of meritocratic justice, I argue that meritocracy is a more compelling theory of distributive justice than libertarianism. Meritocracy better protects the core value of personal (...) responsibility; incorporates efficiency-enhancing regulation which libertarianism cannot; provides more positive liberty; and solves salient, real-world debates about distributive justice. (shrink)

There is a tension in our theorizing about laws of nature: our practice of using and reasoning with laws of nature suggests that laws are universal generalizations, but if laws are universal generalizations then we face the problem of explanatory circularity. In this paper I elucidate this tension and show how it motivates a view of laws that I call Minimal Anti-Humeanism. This view says that the laws are the universal generalizations that are not grounded in their instances. I (...) argue that this view has a variety of advantages that could make it attractive to people with both Humean and anti-Humean inclinations. (shrink)

“Critical-Rationalist Libertarianism” (CRL) was replied to in “Libertarianism Without Argument” (the reply). Various points in that text are here given responses. Both critical rationalism and how it applies to libertarianism are elucidated and elaborated. This response will proceed by quoting the reply where relevant (virtually all of it) and then responding immediately after the quotations, following the order of the reply’s very brief “critique” (605 words).

Martin Luther affirms his theological position by saying “Here I stand. I can do no other.” Supposing that Luther’s claim is true, he lacks alternative possibilities at the moment of choice. Even so, many libertarians have the intuition that he is morally responsible for his action. One way to make sense of this intuition is to assert that Luther’s action is indirectly free, because his action inherits its freedom and moral responsibility from earlier actions when he had alternative possibilities and (...) those earlier directly free actions formed him into the kind of person who must refrain from recanting. Surprisingly, libertarians have not developed a full account of indirectly free actions. I provide a more developed account. First, I explain the metaphysical nature of indirectly free actions such as Luther’s. Second, I examine the kind of metaphysical and epistemic connections that must occur between past directly free actions and the indirectly free action. Third, I argue that an attractive way to understand the kind of derivative moral responsibility at issue involves affirming the existence of resultant moral luck. (shrink)

This paper is my last word, in the present journal, in the debate I have been having with Walter Block on the subject of evictionism as an alleged libertarian “third way,” capable of transcending the familiar “pro-life” and “pro-choice” dichotomy. In this debate, I myself defended what might be regarded as a qualified “pro-life” position, while Block consistently argued that the mother is morally allowed to expel the fetus from her womb provided that no non-lethal methods of its eviction are (...) available. While my position articulated in this paper contains an element of what Block might consider a concession on my part—i.e., an explicit declaration that abstaining from lethal evictions of fetuses conceived as a result of rape is a libertarian duty, but only an imperfect one—I continue to regard the unqualified support of evictionism as indefensible on libertarian grounds. (shrink)

That believing truly as a matter of luck does not generally constitute knowing has become epistemic commonplace. Accounts of knowledge incorporating this anti-luck idea frequently rely on one or another of a safety or sensitivity condition. Sensitivity-based accounts of knowledge have a well-known problem with necessary truths, to wit, that any believed necessary truth trivially counts as knowledge on such accounts. In this paper, we argue that safety-based accounts similarly trivialize knowledge of necessary truths and that two ways of (...) responding to this problem for safety, issuing from work by Williamson and Pritchard, are of dubious success. (shrink)

Anti-intellectualists about knowledge-how insist that, when an agent S knows how to φ, it is in virtue of some ability, rather than in virtue of any propositional attitudes, S has. Recently, a popular strategy for attacking the anti-intellectualist position proceeds by appealing to cases where an agent is claimed to possess a reliable ability to φ while nonetheless intuitively lacking knowledge-how to φ. John Bengson & Marc Moffett (2009; 2011a; 2011b) and Carlotta Pavese (2015a; 2015b) have embraced precisely (...) this strategy and have thus claimed, for different reasons, that anti-intellectualism is defective on the grounds that possessing the ability to φ is not sufficient for knowing how to φ. We investigate this strategy of argument-by-counterexample to the anti- intellectualist’s sufficiency thesis and show that, at the end of the day, anti-intellectualism remains unscathed. (shrink)

Though one of anti-intellectualism’s key historical figures, Henri Bergson’s thought has not played a significant role in ongoing discussions of that topic. This paper attempts to help change this situation by discussing the notion at the centre of Bergson’s anti-intellectualism (namely, intuition) alongside the notion at the centre of a central form of contemporary anti-intellectualism (namely, know-how or skill). In doing so, it focuses on perhaps the most common objection to both Bergson and contemporary anti-intellectualists: that (...) their anti-intellectualisms are rather forms of irrationalism. It argues that in fact only a narrow charge of irrationalism applies to Bergsonian intuition and that a form of contemporary anti-intellectualism may offer help in responding to this remaining accusation. (shrink)