: Libertarian Quandaries is a slim volume of tight reasoning that makes a resolute case for libertarianism. Libertarianism is “the social philosophy that identifies individual liberty as the most fundamental social value, and by extension treats moral cooperation as the only morally permissible form of social interaction.” More specifically, the book is a compendium of concise rebuttals to ….

: I take issue with the view that libertarian theory does not imply any particular stand on abortion. Liberty is the absence of interference with people’s wills—interests, wishes, and desires. Only entities that have such are eligible for the direct rights of libertarian theory. Foetuses do not; and if aborted, there is then no future person whose ….

Libertarian free will is, roughly, the view that agents cause actions to occur or not occur: Maddy’s decision to get a beer causes her to get up off her comfortable couch to get a beer, though she almost chose not to get up. Libertarian free will notoriously faces the luck objection, according to which agential states do not determine whether an action occurs or not, so it is beyond the control of the agent, hence lucky, whether an action (...) occurs or not: Maddy’s reasons for getting beer in equipoise with her reasons to remain in her comfortable seat do not determine that she will get up or stay seated, so it seems beyond her control, hence lucky, that she gets up. In this paper I consider a sub-set of the luck objection called the Physical Indeterminism Luck Objection, according to which indeterministic physical processes cause actions to occur or not, and agent’s lack control over these indeterministic physical processes, so agent’s lack control over, hence it is lucky, whether action occurs or not. After motivating the physical indeterminism luck objection, I consider responses from three recent event-causal libertarian models, and conclude that they fail to overcome the problem, though one promising avenue is opened up. (shrink)

If we have libertarian free will, then it is plausible to believe that the occurrences of certain physical events have irreducible and ineliminable mental explanations. According to a strong version of naturalism, everything in the physical world is in principle explicable in nonmental terms. Therefore, the truth of naturalism implies that libertarian choices cannot explain the occurrences of any physical events. In this paper, I example a methodological argument for the truth of naturalism and conclude that the argument (...) fails. I then consider additional concerns raised against the reality of libertarian freedom. First, I examine the claim that if a physical event E is not causally determined to occur by another physical event, then there is no way to account for the difference between E’s occurring randomly and E’s being causally determined to occur by a mental event. Second, I consider the assertion that the affirmation of libertarianism is a mind-of-the-gaps version of the God-of-the-gaps objection to a divine explanation of a physical event. Third, I take up the question of whether the inability of libertarians to pinpoint precisely where the initial physical effects of libertarian choices occur is a good reason for rejecting libertarianism. Fourth, I examine the claim that belief in the existence of the soul or immaterial mind is the result of an explanatory hypothesis to account for how libertarian free choices can causally produce physical effects. Fifth, I look at the traditional objection to substance dualism from the impossibility of causal interaction between a soul and its body. (shrink)

Libertarians are an increasingly prominent ideological group in U.S. politics, yet they have been largely unstudied. Across 16 measures in a large web-based sample that included 11,994 self-identified libertarians, we sought to understand the moral and psychological characteristics of self-described libertarians. Based on an intuitionist view of moral judgment, we focused on the underlying affective and cognitive dispositions that accompany this unique worldview. Compared to self-identified liberals and conservatives, libertarians showed 1) stronger endorsement of individual liberty as their foremost guiding (...) principle, and weaker endorsement of all other moral principles; 2) a relatively cerebral as opposed to emotional cognitive style; and 3) lower interdependence and social relatedness. As predicted by intuitionist theories concerning the origins of moral reasoning, libertarian values showed convergent relationships with libertarian emotional dispositions and social preferences. Our findings add to a growing recognition of the role of personality differences in the organization of political attitudes. (shrink)

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

“Libertarian paternalism” aims to harness cognitive biases in order to improve prudential decision-making. Some critics have objected that libertarian paternalism is wrongly manipulative. I argue that this objection is mostly unsuccessful. First, I point out that some strategies endorsed by libertarian paternalists can help people to better appreciate reasons. Second, I develop an account of manipulation according to which an agent manipulates her target by worsening the target’s deliberative position. The means of influence defended by libertarian (...) paternalists—for instance, the judicious use of default rules—are not manipulative in this way. (shrink)

We are happy to announce that Libertarian Papers has been chosen for inclusion in the web archives of the Library of Congress. This means that, once archived, the complete journal will be available indefinitely both to researchers at Library facilities and by special arrangement. Of course, because Libertarian Papers uses an open-access format, the use of ….

This paper compares the capability approach (CA) and libertarian paternalism (LP) to see whether they are compatible. The comparison focuses on rationality, wellbeing, and freedom. The main theoretical framework is Sen’s ‘reason to value’ (RtV). The relevance of this to CA, and LP is analysed, and whether the primacy that CA and LP both accord to reason leads to paternalism is examined. Although the principal focus is on Sen’s, Sunstein’s and Thaler’s original ideas, their key concepts are analysed in (...) the context of the contemporary critical literature on the topic. This critical analysis not only makes it possible to assess whether CA and LP are compatible, but also to see how they perceive rationality, wellbeing, and freedom. The critical analysis further differentiates the various interpretations of RtV in the literature and explains how CA and LP function. (shrink)

As the use of nudges by governmental agencies becomes more common, the need for normative guidelines regarding the processes by which decisions about the implementation of specific nudges are taken becomes more acute. In order to find a justified set of such guidelines one must meet several theoretical challenges to Libertarian Paternalism that arise at the foundational level. In this paper, I identify three central challenges to Libertarian Paternalism, and suggest that Susan Hurley's political philosophy as presented in (...) her Natural Reasons (1989) can be viewed as offering powerful responses to them. (shrink)

My dissertation is concerned with Epicurus' attempt to reconcile libertarianism and atomism. I begin by offering my solution to 'the problem of the swerve,' arguing that Lucretius is claiming that swerves cause volitions 'from the bottom up' and that the attempts of scholars to construct a better position for Epicurus to have held were doomed to fail, since this is the only position open to the libertarian atomist. ;I also examine the swerve's role in cosmogony, arguing that 'the cosmogonic (...) argument' for the swerve is an afterthought, 'the libertarian argument' being Epicurus' chief argument for the swerve. ;I discuss the physics of the swerve as a minimal, oblique deviation of an atom from its course. And I explore its implications: atoms move at a speed greater than one minimal unit of distance per minimal unit of time, and there are no minimal units of space. ;Returning to the question of the swerve's role in action, I argue that a typical action involves a series of volitions each caused by a plurality of swerves by atoms of the mind's 'fourth nature.' And I argue that one's power to move at will is directly sensed, though also known through one's innate $\pi\rho\acute{o}\lambda\eta\psi\iota\varsigma$ of one's freedom. ;In the second half of my dissertation, I turn to the question of responsibility. I examine Epicurus' remarks about 'what is due to us' . I examine Epicurus' argument that Democriteans are self-refuting in espousing determinism and 'eliminative materialism.' I explain that Epicurus rejects only Democritus' ontology, not his epistemology . I examine Epicurus' discussion in On Nature of our 'notion of responsibility' , our responsibility as $\alpha\pi o\gamma\varepsilon\gamma\varepsilon\nu\nu\eta\mu\acute \varepsilon\nu\alpha$ , and our responsibility for our thoughts of the $\tau\acute\varepsilon\lambda o\varsigma$ and 'the criterion' . I explain what Epicurus means by the $\tau\acute\varepsilon\lambda o\varsigma$: pleasure, "katastematic" and "kinetic" . And finally, I argue that Epicurus fails to meet the challenge of 'psychological determinism'. (shrink)

I argue that libertarian paternalism is in fact paternalism, or hard paternalism, rather than a form of soft paternalism. I do so on the basis of an analysis of the paternalist act according to which the paternalist act needn’t violate the will of the agent who is the target of that act and the paternalist actor need only suspect that her action may improve the welfare of that target. The paper considers and rejects interpretations of libertarian paternalism as (...) soft paternalism. I then provide an outline as to how libertarian paternalism may be reformed in light of the finding that current libertarian paternalism is hard paternalism. The proposal is to require that the enactment of libertarian paternalist policies be conditional on opinion polling indicating support for those policies from the agents they target. (shrink)

This book provides a systematic and comprehensive survey and evaluation of the problems of incorporating individual and group rights and values into social procedures and judgements, and examines the solutions that have been proposed. The book begins by defending the presence of libertarian requirements in social choice. A framework for incorporating individual rights into social choice is then formally presented, and libertarian conditions are formulated which can be satisfied for all conceivable sets of individual preferences. Further chapters then (...) show how such libertarian conditions can conflict with other well-known social conditions in social choice, in particular the Pareto condition. Resolution approaches to this latter conflict are evaluated, and are shown not to be appropriate for all types of conflict environments. Instead a more pragmatic approach is called for, based on more information regarding the environment from which choice is to be made. (shrink)

In a number of recent publications, Cass Sunstein and Richard Thaler have argued for a novel approach to the design of public policy. Their proposal has received a great deal of attention, both within academic circles and the public at large. Drawing upon evidence from behavioral economics and empirical psychology, the authors attempt to demonstrate that the conventional antagonism between libertarians and paternalists within political theory dissolves in conditions that obtain widely in public decision-making. Where free choice and the promotion (...) of individual welfare can coexist, the authors believe that designers of public policy ought to be libertarian paternalists. -/- In this paper I criticize their proposal on grounds that the authors are unable to sufficiently motivate the paternalistic element of their approach. I argue that the empirical evidence cited by the authors is capable of supporting a number of competing approaches, including what I call libertarian utilitarianism and libertarian justice. Since the evidence that the authors draw upon does not provide us any grounds for selecting between these rival approaches, I conclude that Sunstein and Thaler are unable to provide us with a convincing guide for the design of public policy. In order to show that this is the case, I consider three arguments in favor of libertarian paternalism, and find each lacking. I end with some comments about what we can properly conclude on the basis of Sunstein and Thaler’s arguments. (shrink)

How can libertarianism—which is thought to be hostile to any redistribution—support universal, unconditional cash transfers in the form of a Basic Income? Surprisingly, many vocal proponents of programmes similar to Basic Income—such as economist Milton Friedman, public intellectual Charles Murray, and eBay co-founder Pierre Omidiyar—are self-described libertarians. As this chapter demonstrates, these and other libertarian proponents are not deviating from libertarian thought: instead, they reflect the nuance and diversity of its theoretical foundations. To that end, this chapter explores (...) several justifications for a Basic Income grounded in libertarianism. By libertarianism, we mean a family of theories that emphasize the right of the individual to be free from coercion, a strong respect for private property rights and the free market, and a presumption that market distributions are just and should be disturbed only in limited circumstances. We argue that each variant of libertarianism justifies, but does not mandate, redistribution, although for differing reasons and at different levels. Because this conclusion runs counter to most readers’ impressions of libertarianism, this chapter focuses on making the libertarian case for redistribution. We further show that once one accepts the case for redistribution, providing such redistribution through unrestricted, unconditional cash transfers best reflects core libertarian principles. (shrink)

This comprehensive study offers a balanced assessment of libertarian accounts of free will. Bringing to bear recent work on action, causation, and causal explanation, Clarke defends a type of event-causal view from popular objections concerning rationality and diminished control. He subtly explores the extent to which event-causal accounts can secure the things for the sake of which we value free will, judging their success here to be limited. Clarke then sets out a highly original agent-causal account, one that integrates (...) agent causation and nondeterministic event causation. He defends this view from a number of objections but argues that we should find the substance causation required by any agent-causal account to be impossible. Clarke concludes that if a broad thesis of incompatibilism is correct--one on which both free will and moral responsibility are incompatible with determinism--then no libertarian account is entirely adequate. (shrink)

Cass Sunstein and Richard Thaler's proposal that social and legal institutions should steer individuals toward some options and away from others-a stance they dub "libertarian paternalism"-has provoked much high-level discussion in both academic and policy settings. Sunstein and Thaler believe that steering, or "nudging," individuals is easier to justify than the bans or mandates that traditional paternalism involves. -/- This Article considers the connection between libertarian paternalism and the regulation of reproductive choice. I first discuss the use of (...) nudges to discourage women from exercising their right to choose an abortion, or from becoming or remaining pregnant. I then argue that reproductive choice cases illustrate the limitations of libertarian paternalism. Where choices are politicized or intimate, as reproductive choices often are, nudges become not much easier to justify than traditional mandates or prohibitions. Even beyond the context of reproductive choice, it is not obvious how much easier nudges are to justify than bans or mandates. -/- Part I of this Article briefly introduces Sunstein and Thaler's libertarian paternalism. Part II then turns to the context of reproductive choice. Part II.A reviews restrictions on the right to choose an abortion-particularly post-Casey regulations such as waiting periods, requirements that women receive certain types of information, and requirements that women undergo ultrasound-that pitch themselves as steering choice without entirely closing off the right to choose an abortion. This distinction between nudges and prohibitions echoes Sunstein and Thaler's proposals, but works to subordinate women's choices to the judgment of (often male) experts and administrators-hence my term "libertarian patriarchalism." Part II.B reviews efforts to nudge women-particularly teenagers, HIV-positive women, and others thought to be unsuitable mothers-to avoid pregnancy. -/- Part III considers the normative implications of nudging reproductive decisions. In Part III.A, I argue that the political nature of reproductive choices presents a problem for nudges. I do so by considering a parallel with voting rights. Empirical research shows that voters are more likely to choose the candidate listed first on the ballot. Yet we do not empower the administrator in charge of ballot design to choose a default rule that nudges individuals toward the candidate he sincerely believes would promote choosers' welfare. Given the political nature of reproductive choices, a policymaker's attempting to nudge reproductive decisionmaking in the direction he prefers-or indeed in any direction-fails to show adequate respect for the chooser's agency. In Part III.B, I offer an argument that targets the use of nudges in the context of pregnancy. Finally, in Part III.C, I argue that nudges do not merely add choices to an existing menu, but change the substantive choices available to individuals and thereby impose more-than-trivial costs on them. I conclude by exploring the implications of my arguments for nudges more generally. (shrink)

Non-consequentialist libertarianism usually revolves around the claim that there are only “negative,” not “positive,” rights. Libertarian nega- tive-rights theories are so patently problematic, though, that it seems that there is a more fundamental notion at work. Some libertarians think this basic idea is freedom or liberty; others, that it is self-ownership. Neither approach is satis- factory.

I show that the standard libertarian conception of justice is vulnerable to a kind of basic collective self-defeat not characteristic of its rivals. All deontological liberals, including the libertarian, ought to be committed to two very general claims regarding the nature of justice. The RSC (Reasonable Stability Criterion) is the requirement that in the just society, human beings will typically exhibit genuine literacy with the relevant conception. The MEC (Moral Education Condition) consists in the thought that a necessary (...) condition for any such literacy is a proper moral education. It is consistent with full respect for standard libertarian justice that a society living under its auspices will fail to satisfy the RSC, by failing to provide moral education to those who need it. This issues in the collective self-defeat of the conception, for by respecting all and only the constraints constitutive of libertarian justice, the group will have undermined the achievement of a characteristic aim. (shrink)

My students sometimes worry that if eternalism is true then they can’t have libertarian freedom. They aren’t alone, as this sentiment is also expressed, albeit typically briefly, by various philosophers. However, somewhat surprisingly, those working within the free will literature have largely had nothing to say about libertarianism’s relationship to time, with this also being similar in the case of those working in the philosophy of time, apart from some work which has mainly focused on nonlibertarian views of freedom. (...) In this short paper I note why I’m currently unconvinced that there’s an incompatibility between eternalism and libertarianism, and in doing so one will see why I think they are compatible. (shrink)

My Mises Daily article “Libertarian Controversies” ran today, discussing my upcoming Mises Academy course, Libertarian Controversies, which some Libertarian Papers readers may find of interest.

After setting out in part 1 Scotus's libertarian account of the will, I shall discuss two of the most important implications Scotus understood his account to have. First, according to Scotus, the Thomist understanding of the will as intellective appetite is inadequate to provide a libertarian account of freedom. Scotus therefore rejects that understanding and offers an alternative moral psychology. In part 2 of the paper I therefore draw attention to the passages in which Scotus offers his reasons (...) for rejecting Aquinas's account in order to show that they arise directly out of the libertarian account of the will I stated in part 1. I then ask whether Scotus is in fact justified in supposing that Aquinas's conception of will is incompatible with freedom as Scotus understood it. In parts 3 and 4 of the paper I shall argue that he is, since Aquinas's conception of possibility at best allows him to make room for diachronic alternatives, whereas Scotus insists on synchronic alternatives. -/- The second implication of Scotus's libertarian understanding of freedom is his distinctive conception of choice and of rationality in action. In part 5 of the paper I explain this conception and show why Scotus associates it with a libertarian understanding of freedom. (shrink)

Aeon Skoble and other libertarians fail to show that libertarianism supports anarchism. The focus on whether persons would rationally consent to the state misses the issue. Instead, the truth of anarchism depends on whether all or most persons actually have consented to the state. Tacit consent to the acquisition of property rights in previously unowned things provides us with a model as to how valid consent might occur. However, whether persons actually have done so is an empirical issue.

I agreed to come here today to speak on some such subject as "The Libertarian as Conservative." To me this is so obvious that I am hard put to find something to say to people who still think libertarianism has something to do with liberty. A libertarian is just a Republican who takes drugs. I'd have preferred a more controversial topic like "The Myth of the Penile Orgasm." But since my attendance here is subsidized by the esteemed distributor (...) of a veritable reference library on mayhem and dirty tricks , I can't just take the conch and go rogue. I will indeed mutilate the sacred cow which is libertarianism, as ordered, but I'll administer a few hard lefts to the right in my own way. And I don't mean the easy way. I could just point to the laissez faire Trilateralism of the Libertarian Party, then leave and go look for a party. It doesn't take long to say that if you fight fire with fire, you'll get burned. (shrink)

Please feel free to send me nominations for the best LP article from 2010. Alford Prize Awarded for Best Libertarian Article in 2009 The O.P. Alford III Prize in Libertarian Scholarship is a $1000 prize awarded by the Mises Institute each year for the the article published in the preceding volume of Libertarian Papers that [...].

Some recent hostile responses to the rapid growth of Libertarianism have depicted it as a febrile spin-off from the post-hippy 'Me Decade'. In fact we are the inheritors of an illustrious centuries old tradition, largely overlooked by the myopic current fashions in the history of ideas. Liberals like J. S. Mill and Jeremy Bentham receive plenty of attention in college courses, but the libertarian tradition as a whole is largely ignored, and misrepresented where touched upon. Mill and Bentham constitute (...) one aspect - in many ways the feeblest - of liberalism. Dozens of thinkers and activists who embodied the most systematic or radical elements in Libertarianism have been consigned to the Memory Hole. (shrink)

While libertarians affirm personal responsibility as a central moral and political value, libertarian theorists write relatively little about the theory and practice of this value. Focusing on the work of F. A. Hayek and David Schmidtz, this article identifies the core of a libertarian approach to personal responsibility and demonstrates the ways in which this approach entails a radical revision of the ethics and American politics of personal responsibility. Then, I highlight several central implications of this analysis in (...) the American political and economic status quo. First, this analysis makes a mockery of so-called libertarian/conservative ‘fusionism’, such that libertarian personal responsibility cannot partner with meritocratic conservative thought to provide a plural grounding for rejecting progressive or redistributive economic policy. Next, preferred libertarian policies threaten the status, esteem and social bases of self-respect of citizens who are worse-off through little or no fault of their own. Finally, these policies undermine the ethics of personal responsibility that Americans from across the ideological spectrum value and many conservatives and libertarians celebrate. In the American status quo, those who value personal responsibility must reserve a central place for policies that mitigate opportunity and distributive inequalities. (shrink)

I want to talk about some of the main objections that have been given to libertarian anarchism and my attempts to answer them. But before I start giving objections and trying to answer them, there is no point in trying to answer objections to a view unless you have given some positive reason to hold the view in the first place. So, I just want to say briefly what I think the positive case is for it before going on (...) to defend it against objections. (shrink)

Libertarianism deals with what the law should be. In this article, we focus on what the appropriate law to punish criminals should be in a libertarian society; that is, one that respects the Non-Aggression Principle and property rights. We examine various theories of punishment and explain why some are incompatible with libertarianism. We contribute to the latest libertarian theory of punishment suggesting the necessity to take time preference into consideration. We conclude stating a limit and a limitation to (...) libertarian punishment theories. (shrink)

The prevailing trend of deeming subjective experiences causally idle obfuscates consciousness research as epiphenomenal entities cannot be studied. The most flexible way for conscious experiences to be efficacious is for them to serve as a basis for free action. Regrettably, no objective evidence testifies for this possibility. In this paper I explain that if we seek the truth we must, for purely logical reasons, irrespective of theoretical ideas and empirical data about the origin of our activity, follow the Libertarian (...) Imperative -- the demand to try always to act in accord with the belief that one exercises the incompatibilist free volition. The Libertarian Imperative urges us to try to reject any conception about our nature -- including the modern scientific picture of human beings -- which claims that we are entirely law-governed creatures. (shrink)

Socialists believe that equality, community, and economic democracy can only be achieved by a system of joint ownership in the means of production. These property rights do not, as such, pass judgment as to what rights individuals have to their own person. Libertarians believe that individual liberty and autonomy are only coextensive with a set of stringent rights to the person and its powers. These property rights do not, as such, pass judgment as to what rights individuals have to the (...) external world. Bringing libertarianism and socialism together is therefore, in principle, possible. This paper takes this further step, by sketching a constituiton that reconciles individual autonomy with radical equality of condition. To those libertarians drawn to socialist values (such as the pioneers of nineteenth-century anarchism), the paper offers a reconciliation that is arguably more true to these values than left-libertarianism. To those socialists drawn to libertarian values, it offers an alternative to left-libertarianism that avoids the pitfalls of statism. (shrink)

: This article critically examines central arguments made in Sam Harris’ Free Will as well as key aspects of Daniel Dennett’s compatibilist conception of free will. I argue that while Dennett makes thoughtful replies to Harris’ critique of compatibilism, his compatibilism continues to be plagued by critical points raised by Bruce Waller. Additionally, I argue that Harris’ rejection of the libertarian view of free will is ill-informed and I explain the basics of Robert Kane’s libertarian view, arguing that (...) it can be defended against points raised by both Dennett and Harris. Keywords: Free Will; Libertarianism; Compatibilism; Daniel Dennett; Sam Harris Una replica libertaria Dennett e Harris sul libero arbitrio Riassunto : Questo articolo prende criticamente in esame gli argomenti principali presentati nel volume di Sam Harris “Free Will” e gli aspetti principali della concezione compatibili sta proposta da Daniel Dennett sul libero arbitrio. Intendo sostenere che Dennett, pur rispondendo accuratamente alla critica del compatibilismo proposta da Harris, sostiene un compatibilismo che resta sotto il giogo delle critiche sollevate da Bruce Waller. Inoltre, cercherò di sostenere che il rifiuto della prospettiva libertarian proposto da Harris è una posizione male informata ed esporrò I principi di base della prospettiva libertarian di Robert Kane, affermando che lo si può difendere dale critiche sollevate sia da Dennett che da Harris. Parole chiave: Libero arbitrio; Libertarianismo; Compatibilismo; Daniel Dennett; Sam Harris. (shrink)

What may cause individuals to act contrarily to their better judgment is that although they have a good reason (or reasons) not to perform an action, they have an insignificant reason to do it. Supposing that the decision to act one way or the other is made by a free agent, un- derstood in the libertarian sense that the person had alternative possi- bilities of action, how does one account for the the actual choice of one alternative? In other (...) words, what accounts for the difference between the fact that one of two alternative possibilities is chosen and the fact that, in another possible world, the other one is chosen? “Event-causal libertarians” who are committed to the view that the situation up until the very moment of choice is identical in both cases, so that the only difference consists in the choice itself, would have to hold that there is nothing that accounts for this difference and that the difference is a matter of luck. A choice contrary to the person’s conscious belief of what is best to do would then be a matter of bad luck, not of weakness of will. Alfred Mele investigates how an event-causal libertarian view that admits these premises can account for the fact that an akratic agent acts freely and responsibly. In addition, he discusses how such a view explains the difference between akratic actions and radical breakdowns of agency. He also gives an account of how the capacity to form free actions for which one is responsible is developed in childhood. (shrink)

Libertarians hold that free action and moral responsibility are incompatible with determinism and that some human beings occasionally act freely and are morally responsible for some of what they do. Can libertarians who know both that they are right and that they are free make sincere promises? Peter van Inwagen, a libertarian, contends that they cannot—at least when they assume that should they do what they promise to do, they would do it freely. Probably, this strikes many readers as (...) a surprising thesis for a libertarian to hold. In light of van Inwagen's holding it, the title of his essay—‘Free Will Remains a Mystery’—may seem unsurprising. (shrink)

The purpose of the presented paper is to showcase the links between Hans-Hermann Hoppe’s libertarian argumentation ethics and Karl-Otto Apel’s transcendental pragmatics with a special reference to the consensus theory of truth proposed by the latter thinker. More specifically, the author contends that Hoppe’s theory is logically contingent on Apel’s views on truth in that some crucial gaps in Hoppe’s grounding of the so-called “a priori of communication and argumentation” are filled by Apel’s original arguments. Additionally, the paper provides (...) a case for interpreting Hoppe's ethics as a theory of rational conflict-freedom, which seems to cohere best with the transcendental-pragmatist approach. Finally, the author offers a few remarks on how the most common objections against Hoppe's theory can be overcome on the basis of the transcendental pragmatics and the conflict-freedom principle. (shrink)

The central thesis of my article is that people live a life worthy of a human being only as self-ruling members of some autarchic (or self-governing) communities. On the one hand, nobody is born as a self-ruling individual, and on the other hand, everybody can become such a person by observing progressively the non-aggression principle and, ipso facto, by behaving as a moral being. A self-ruling person has no interest in controlling her neighbors, but in mastering his own impulses, needs, (...) wishes, desires, behaviors, etc. Inasmuch as he is an imperfect being who lives in an imperfect world, he needs to share certain interests, beliefs, values, customs and other characteristics with other people, i.e. to be involved in some communities. Depending on the following four criteria – the regulatory principle, the essential resources, the specific feedback and the fundamental values –, the countless and manifold human communities can be grouped in three categories: (1) affinity communities, (2) economic communities, and (3) civic communities. In other words, every community or human behavior has an affinity, an economic, and a civic dimension. If a civic community is merely a state shaped society, it can be called a political community. All communities are intrinsically variable. Throughout time, they ceaselessly change their composition, values, interpersonal processes and relations, territory, etc. Interestingly enough, the variability is unanimously recognized and accepted in affinity and communities economic, but is denied or abusively interpreted in the case of state shaped societies. If we confuse two types of order − cosmos and taxis – and two types of rule – nomos and thesis –, as well as we exaggerate the importance of certain type of community we bring some social maladies, namely the traditionalism, the commercialism and the civism, (with the worst form of it – the politicality). Whatever the communities they are involved in, all persons relate (implicitly or explicitly) to the libertarian non-aggression principle, living their life in strict accordance with the logical implications of the position they adopt. People who respect the non-aggression axiom necessarily manifest self-control, consideration for the life and property of the others, commitment to offer value for value, love of freedom and a high level of individual responsibility. By contrast, people who violate this axiom – the villains and the statists – invariably strive to control their neighbors, behave as parasites or predators, prefer forced exchanges, reject the personal responsibility (at most accepting the idea of social responsibility), and apply double moral standards. The first category of people generates a libertarian civic discourse as a spontaneous order, and the second creates a political/ statist civic discourse as a result of the human design and will to power. As a spontaneous order, the libertarian civic discourse implies free involvement, peaceful coordination, free expression, free reproduction of ideas and the power of one. Every communication performance in the frame of the libertarian civic discourse is important and has relevant results. All participants to the libertarian civic discourse are automatically members of some self-governing communities (at least members of the general libertarian community). The most important thing for these communities is to be connected to a communicational infrastructure which would make possible free involvement, free expression and the free reproduction of ideas. Inasmuch as today democracy means the tyranny of majority and participatory democracy the tyranny of majority plus the power of vested (and illegitimate) interests, only the emergence of self-governing communities by libertarian discourse offers us a little hope. It’s high time to fall in love (again) with liberty and to embrace the non-aggression principle. We don’t have to create a perfect world, but we can strive to develop our human nature. (shrink)

In a number of recent publications, Cass Sunstein and Richard Thaler have argued for a novel approach to the design of public policy. Their proposal has received a great deal of attention, both within academic circles and the public at large. Drawing upon evidence from behavioral economics and empirical psychology, the authors attempt to demonstrate that the conventional antagonism between libertarians and paternalists within political theory dissolves in conditions that obtain widely in public decision-making. Where free choice and the promotion (...) of individual welfare can coexist, the authors believe that designers of public policy ought to be libertarian paternalists. In this paper I criticize their proposal on grounds that the authors are unable to sufficiently motivate the paternalistic element of their approach. I argue that the empirical evidence cited by the authors is capable of supporting a number of competing approaches, including what I call libertarian utilitarianism and libertarian justice. Since the evidence that the authors draw upon does not provide us any grounds for selecting between these rival approaches, I conclude that Sunstein and Thaler are unable to provide us with a convincing guide for the design of public policy. In order to show that this is the case, I consider three arguments in favor of libertarian paternalism, and find each lacking. I end with some comments about what we can properly conclude on the basis of Sunstein and Thaler’s arguments. (shrink)

What is the proper punishment from the perspective of the libertarian philosophy? More specifically, in what way, if at all, may a thief benefit from his robbery? The present essay attempts to wrestle with these challenging questions.

Libertarian theories of the normative core of the corporation hold in common the view that is the responsibility of publicity held corporations to return profits to shareholders within the bounds of certain moral side-constraints. Side-constraints may be either weak (grounded in the rules of the game) or strong (grounded in rights). This essay considers libertarian arguments regarding the normative core of the corporation in the context of global capitalism and in the light of actual corporate behavior. First, it (...) is argued the weak side-constraints view is conceptually incoherent when applied in a global context. Second, it is argued that proponents of the libertarian strong side-constraints view lack an adequate theory of rights. Third, both the weak side-constraints view and the strong side-constraints view are shown to be unsatisfactory insofar as they fail to adequately address the coercive power of corporations. The main conclusion of this essay is that a viable libertarian theory of the corporation has yet to be articulated. (shrink)

Libertarians in the contemporary free will debate find themselves under attack from two angles. They face the challenge of defending the necessity of indeterminism for freedom against the philosophical mainstream position of compatibilism. And second, they are increasingly forced to argue for the very possibility of indeterministic free will, in the face of the so-called luck objection. Many contemporary libertarians try to overcome the second problem by adopting the causal theory of action. We argue that this move at the same (...) time undermines their ability to answer the first challenge. On the basis of this, we suggest that CTA might be a theory of action that is biased towards compatibilism. We thus argue that the best strategy for the libertarian is to insist that intentional action itself requires indeterminism. Recent agent-causal accounts offer a promising way of developing such an alternative libertarianism, but we argue that they currently suffer from problems similar to the ones we identify for the event-causalist. If we are correct, then this has an important implication for the contemporary free will debate: action theory should take centre stage. (shrink)

Libertarians make indeterminism a requirement of free will. But many argue that indeterminism is destructive of free will because it reduces an agent’s control. This paper argues that such concerns are misguided. Indeterminism, at least as it is located by plausible Libertarian views, poses no threat to an agent’s control, nor does it pose any other kind of threat.

Robert Nozick’s oft-quoted review of Tom Regan’s The Case for Animal Rights levels a range of challenges to Regan’s philosophy. Many commentators have focussed on Nozick’s putative defence of speciesism, but this has led to them overlooking other aspects of the critique. In this paper, I draw attention to two. First is Nozick’s criticism of Regan’s political theory, which is best understood relative to Nozick’s libertarianism. Nozick’s challenge invites the possibility of a libertarian account of animal rights – which (...) is not as oxymoronic as it may first sound. Second is Nozick’s criticism of Regan’s axiological theory, which is best understood relative to Nozick’s own axiological inegalitarianism. While Nozick’s axiology has distasteful consequences, it should not be dismissed out-of-hand. Nozick’s challenges to Regan – and Nozick’s wider animal ethics – are rich and original, warranting attention from contemporary theorists for reasons beyond mere historical interest. (shrink)

(1996). The libertarian concepts of property and their impact on privatization in Poland. The European Legacy: Vol. 1, Fourth International Conference of the International Society for the study of European Ideas, pp. 614-618.

Influential libertarians from diverse backgrounds and professions who have worked toward a freer society across the globe share their personal and intellectual journeys, including what their lives and thoughts were before they embraced libertarianism; which people, texts, or events most inspired them; what experiences, challenges, tribulations, and achievements they have had as participants or leaders in this movement, and how this philosophy has affected their private and professional lives. The volume’s 80 contributors span the political-philosophical spectrum of libertarianism, including anarcho-capitalists, (...) monarchists, constitutionalists, classical liberals, and thick libertarians. Their essays express different perspectives on many issues even while articulating such core principles as an appreciation for individual liberty, private property rights, the rule of law, and free enterprise. Together, they represent myriad individual journeys toward libertarianism, however defined. By bringing together a range of contemporary voices from outside the dominant left-right paradigm, this book aims to contribute to the viewpoint diversity that is crucially needed in today’s public discourse. These autobiographies not only offer compelling insights into their individual authors and the state of the world today, but may also inspire the next generation to make our society a freer one. (shrink)

The present paper attempts to forge a compromise between those who maintain that stem cell research is out-and-out murder of young helpless human beings and those who favor this practice. The compromise is predicated upon the libertarian theory of private property rights. Starting out with the premise that not only the fetus but even the fertilized egg is a human being, with all rights thereto, it offers a competition between those who fertilize eggs for research and those who wish (...) to adopt them. If and only if the former win this competition will they be allowed to use these very young human beings for the purposes they have constructed them. This is justified on grounds of avoiding child abuse. (shrink)

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