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)

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)

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.

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 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)

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.

Most right-libertarians deny the permissibility of government redistribution, referring to the inviolability of private property rights. In a rare exception, Eric Mack offers a right-libertarian argument for luck sufficientarianism based on the catastrophe clause. In this view, people who find themselves in trouble through no fault of their own may violate someone else’s property rights in minor ways to save their own lives. But since a literal interpretation of this clause makes property rights too uncertain, Mack proposes a system of (...) redistribution that will protect people from dire circumstances. As it only applies to those who find themselves in poverty through no fault of their own, Mack’s argument rules out a basic income. However, one can combine Mack’s argument with basic income by arguing that responsibility-insensitive sufficientarianism is superior to luck sufficientarianism. First, luck sufficientarianism allows for the counterintuitive conclusion that people who have made mistakes in their lives do not deserve help from the rest of the community, even if they are engaged in some socially important activity. Second, luck sufficientarianism unduly interferes with people’s private lives to distinguish between deserving and undeserving recipients of social assistance, and inevitably excludes some deserving recipients from the pool of recipients. Third, a condition for holding people responsible for their choices is that they have agency. But maintaining agency requires the presence of some kind of material resources that would protect people from the fear and stress associated with poverty. Thus, responsibility-insensitive sufficientarianism is superior to luck sufficientarianism as an interpretation of the catastrophe clause. And within a libertarian framework, this requires introducing a basic income. First, a basic income technically guarantees everyone protection from extreme poverty and destitution. Second, a basic income guarantees everyone autonomy in how they manage their resources. Third, a basic income does not require means testing and is therefore responsibility-insensitive. Mack’s catastrophe clause therefore offers a right-libertarian argument for a basic income. (shrink)

Distributive justice is one of the central questions of contemporary moral and political philosophy. Discussions on this topic are often presented as a confrontation between two groups of thinkers: libertarians and luck egalitarians. The former emphasize the dependence of the existing distribution on the individual choice and personal responsibility of people, and therefore are skeptical about various redistribution programs. The latter, on the contrary, emphasize the influence of morally arbitrary luck on the economic situation of people, and therefore welcome redistributive (...) measures to compensate for this brute luck. Left-libertarian claims to reconcile these two types of moral considerations. The classical left-libertarian point of view seeks to offset the influence of brute luck through an egalitarian distribution of the benefits of owning natural resources that are independent of anyone’s choice and responsibility. However, this position does not sufficiently take into account the influence of other factors of brute luck and, in particular, genetic endowments on the distribution of economic wealth. This article discusses three approaches that allow left-libertarians to take into account the factor of genetic luck in interpersonal distribution. First, it is Hillel Steiner’s proposal to attribute genetic information to natural resources, the benefits of which are subject to egalitarian redistribution. Second, it is the concept of equal opportunity for welfare by Peter Vallentyne, Michael Otsuka and Eric Roark. Third, it is the universal dominance criterion of Philippe Van Parijs and Kasper Ossenblok. The first two approaches face a number of moral and practical difficulties, but the third approach is able to overcome them. Thus, the universal dominance criterion is the most promising way to reconcile left-libertarianism and justice in the distribution of genetic endowments. (shrink)

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)

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)

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 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.

Recently, several libertarian philosophers have argued that we appear free on the basis of widespread experience, and that this appearance justifies believing that we enjoy libertarian free will (e.g. Pink 2004 and Swinburne 2013). Such arguments have a long history in philosophy but have been easily dismissed on one of two grounds: either the appearance of freedom does not exist, or else it is an illusion. In this paper, I argue that although presentations of the argument have been historically inadequate, (...) non-libertarians have also seriously underappreciated the force of libertarian appeals to phenomenology. I show that, when properly construed, the appearance of freedom constitutes a wide range of diverse phenomena in need of explanation, of which extant non-libertarian alternatives provide only partial explanations, or else fail to explain altogether. In identifying this lacuna, I take the first step towards providing a better non-libertarian alternative. (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 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 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)

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)

“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).

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)

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)

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)

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)

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)

Many political and moral philosophers try to reconcile freedom and equality. One such theory is left-libertarianism, which establishes exclusive property rights over one’s own body and egalitarian property rights over natural resources. These rights are realized through the policy of unconditional basic income. Recently, left-libertarianism has come under fire from another similar approach, reciprocal libertarianism. This concept combines exclusive rights over one’s own body with the requirement for an egalitarian distribution of the fruits of social cooperation among (...) those who make a fair contribution to its system. On the face of it, reciprocal libertarians reject basic income because it doesn’t satisfy the fair contribution condition. This article explores the case for a basic income from a reciprocal libertarian perspective. In particular, two institutional regimes will be examined: reciprocal left-libertarianism and libertarian socialism. Each is compatible with a basic income coupled with broader redistribution according to the principle of reciprocity. (shrink)

In this essay I argue that the ethical and political position known as libertarianism is logically incoherent and, as such, cannot serve as a sound basis for either political theory or public policy. Given that the libertarian position is frequently used to provide the rationale for many of the economic (if not the social) policies of the right, a recognition of this incoherence is especially relevant to us today.

The scope of libertarian law is normally limited to the application of the non-aggression principle (NAP), nothing more and nothing less. However, judging when the NAP has been violated requires not only a conception of praxeological notions such as aggression, but also interpretive understanding of what synthetic events count as the relevant praxeological types. Interpretive understanding—or verstehen—can be extremely heterogeneous between agents. The particular verständnis taken by a judge has considerable moral and political implications. Since selecting a verständnis is pre-requisite (...) to applying the NAP, the NAP itself cannot tell us which one we ought morally to choose. Therefore the application of the NAP calls on moral and political considerations outside of the NAP itself. Since some of these are more consistent with an endorsement of the NAP than others, libertarianism is not a “thin” commitment to the NAP alone, but a “thick” commitment to the NAP and other supporting moral and political considerations. (shrink)

The luck argument raises a serious challenge for libertarianism about free will. In broad outline, if an action is undetermined, then it appears to be a matter of luck whether or not one performs it. And if it is a matter of luck whether or not one performs an action, then it seems that the action is not performed with free will. This argument is most effective against event-causal accounts of libertarianism. Recently, Franklin (Philosophical Studies 156:199–230, 2011) has (...) defended event-causal libertarianism against four formulations of the luck argument. I will argue that three of Franklin’s responses are unsuccessful and that there are important versions of the luck challenge that his defense has left unaddressed. (shrink)

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)

(Revised 31-10-17) This is only one view on the topic; other views may be rather different. It starts at the more philosophical end and then becomes more empirical, and possibly easier to understand, as it proceeds.

Many conservatives endorse a defence of closed borders grounded in basic liberal rights such as the basic right of association. Some conservatives also endorse libertarian principles of legitimacy. It is not clear though that this sort of defence of closed borders is somehow coherent with these libertarian ideals. I argue that conservative libertarians of this kind must reject this defence of closed borders because either it collapses into a form of statism incoherent with libertarian principles of legitimacy, or into an (...) ideal precept without appeal regarding reality in the here and now that could only be applied to changing the very nature of the societies we know. As a result, at least conservative libertarians need to find a different source of justification for closed borders. (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)

In the following paper, I wish to examine a problem for the theist libertarian. On the one hand, libertarians insist that freedom requires possible alternatives open to the agent. On the other hand, God’s perfectly formed moral character implies that He always does the morally best. Give His moral character, then, it appears that there are no possible alternatives open to God. We thus get a dilemma for the theist libertarian: either a) God is not libertarian free – because His (...) moral character rules out possible alternatives; or b) God’s character is not perfectly formed – because libertarian freedom requires that it is possible for God to act out of character. In the present paper, I argue that Thomas Reid, a paradigmatic libertarian, has the theoretical tools to retain a robust account of libertarian freedom without compromising a robust account of perfectly formed characters. In sum, it is necessary that agents with fully formed characters always act in character (read de dicto), but it is possible that agents with fully formed characters act out of character (read de re). The former claim captures the robustness of perfectly formed moral characters and the latter claim captures the robustness of libertarian freedom. (shrink)

Contemporary versions of natural rights libertarianism trace their locus classicus to Robert Nozick’s Anarchy, State, and Utopia. But although there have been many criticisms of the version of political libertarianism put forward by Nozick, many of these fail objections to meet basic methodological desiderata. Thus, Nozick’s libertarianism deserves to be re-examined. In this paper I develop a new argument which meets these desiderata. Specifically, I argue that the libertarian conception of self-ownership, the view’s foundation, implies what I (...) call the Asymmetrical Value Claim: a dubious claim about the importance of choice relative to other valuable capacities. I argue that this misunderstands what is really valuable in life, and show how it causes libertarianism to generate counterintuitive public policy recommendations. (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.

We live in a market system with much economic inequality. This may not be an essential characteristic of market systems but seems historically inevitable. How we should evaluate it, on the other hand, is contentious. I propose that bleeding heart libertarianism provides the best diagnosis and prescription.

There is a growing consensus that Emilie Du Châtelet’s challenging essay “On Freedom” defends compatibilism. I offer an alternative, libertarian reading of the essay. I lay out the prima facie textual evidence for such a reading. I also explain how apparently compatibilist remarks in “On Freedom” can be read as aspects of a sophisticated type of libertarianism that rejects blind or arbitrary choice. To this end, I consider the historical context of Du Châtelet’s essay, and especially the dialectic between (...) various strands of eighteenth-century libertarianism and compatibilism. (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)

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)

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)

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)

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)

Peter van Inwagen famously offers a version of the luck objection to libertarianism called the ‘Rollback Argument.’ It involves a thought experiment in which God repeatedly rolls time backward to provide an agent with many opportunities to act in the same circumstance. Because the agent has the kind of freedom that affords her alternative possibilities at the moment of choice, she performs different actions in some of these opportunities. The upshot is that whichever action she performs in the actual-sequence (...) is intuitively a matter of mere chance. I explore a new response to the Rollback Argument. If there are true counterfactuals of libertarian freedom, then the agent performs the same action each time she is placed in the same circumstance, because that is what she would freely do in that circumstance. This response appears to negate the chancy intuition. Ultimately, however, I argue that this new response is unsuccessful, because there is a variant of the Rollback Argument that presents the same basic challenge to the libertarian on the assumption that there are true counterfactuals of libertarian freedom. Thus, true counterfactuals of libertarian freedom do not provide the libertarian with a solution to the Rollback Argument. (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)