Mid-Libertarianism and the Utilitarian Proviso

Journal of Value Inquiry:1-20 (2021)
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Abstract

The core idea of libertarianism, considered as a basic moral theory, is that people have certain negative rights and that those rights determine morally right action. Libertarianism is supposed to provide robust explanations to some of our intuitions, such as that it is wrong to steal, kill, rape or enslave other people. However, its exclusive focus on negative rights (i.e., rights to non-interference) makes it incapable of explaining some other intuitions, such as that the utterly rich should help the utterly poor. Although libertarianism can explain why we should never do bad to others, it cannot explain why we should sometimes do good to others. For this reason, libertarianism is not satisfactory as it stands. A natural suggestion, therefore, is that we should either abandon libertarianism in favor of some of its better faring rivals, or revise the theory in order to get rid of the features that make it unsatisfactory. This paper proposes a new libertarian theory of morality: a theory that endorses a utilitarian proviso for use of external resources. I call this theory mid-libertarianism. The basic idea of mid-libertarianism is that individuals are free to do as they want as long as they do not violate the rights of others, given that they maximize utility whenever they use external resources. The paper is divided into four main sections. In this frst section, I introduce mid-libertarianism as a normative ethical theory. In the second main section, I put forward the key arguments for mid-libertarianism, which are, roughly, that it maintains the main explanatory powers of existing versions of libertarianism, while it avoids some of the most severe problems that these theories face. In the third section, I answer some potential objections to midlibertarianism. In the fourth section, I conclude that mid-libertarianism deserves to be taken seriously as a new contender in the normative ethics debate.

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reprint Torpman, Olle (2023) "Mid-Libertarianism and the Utilitarian Proviso". Journal of Value Inquiry 57(4):651-670

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Olle Torpman
Stockholm University

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References found in this work

Hedonistic Utilitarianism.Torbjörn Tännsjö - 1998 - Edinburgh University Press.
Libertarianism and the state.Peter Vallentyne - 2007 - Social Philosophy and Policy 24 (1):187-205.
The natural right of property.Eric Mack - 2010 - Social Philosophy and Policy 27 (1):53-78.

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