libertarianism

Taking the Ninth Amendment Seriously: A Review of Calvin R. Massey’s Silent Rights: The Ninth Amendment and the Constitution’s Unenumerated Rights (1997)

Below is a lightly edited text version of “Taking the Ninth Amendment Seriously: A Review of Calvin R. Massey’s Silent Rights: The Ninth Amendment and the Constitution’s Unenumerated Rights [1995],” vol. 24 Hastings Const. L. Q. 757 (1997).   Taking the Ninth Amendment Seriously: Review of Calvin R. Massey, Silent Rights: The Ninth Amendment and the Constitution’s […]

Hoppe on the plight of newcomers in a fully owned world

Great passage that I’ve always liked from Hans-Hermann Hoppe’s The Economics and Ethics of Private Property, p. 417-18: In fact, what strikes Conway as a counterintuitive implication of the homesteading ethic, and then leads him to reject it, can easily be interpreted quite differently. It is true, as Conway says, that this ethic would allow […]

The problem of particularistic ethics or, why everyone really has to admit the validity of the universalizability principle

From The Meaning of Morality. As I write in an upcoming paper (“The Ethical Case Against Intellectual Property,” Griffith Law Review, Symposium on Law and Anarchy: Legal Order and the Idea of a Stateless Society (Symposium Editor, Gary Chartier; forthcoming 2012)) [update: this article was withdrawn from this symposium due to a disagreement with the […]

Samuel Read on Legal Positivism and Capitalism in 1829

I recently emailed a question to the Mises email list. The subject line: “Legal foundations and presuppositions of economic analysis.” An edited version: I am looking for economic articles or textbooks that explicitly discuss the legal assumptions that economic analysis rests on. For example economists take for granted certain legal institutional features and concepts such […]

Private Property and Wittgenstein’s Beetle

I noted in “What Libertarianism Is” (n.1): The term “private” property rights is sometimes used by libertarians, which I have always found odd, since property rights are necessarily public, not private, in the sense that the borders or boundaries of property must be publicly visible so that nonowners can avoid trespass. For more on this […]

Speaking on “Why Intellectual Property is not Genuine Property” at Adam Smith Forum, Moscow

The 3rd Adam Smith Forum is being held Nov. 12, 2011 in Moscow. This is an impressive event, organized by the Center for the Philosophy of Freedom, the Libertarian Party of Russia, and others. The Chairman of the ASF Steering Committee is economist Pavel Usanov, head of the Hayek Institute for Economy and Law; Andrey […]

Papal Infallibility and Catholic Socialism

Jeff Tucker and Tom Woods had excellent criticisms of The Vatican’s Pontifical Council for Justice and Peace released a document Monday, calling for a world economic authority and condemning the “idolatry of the market.” But were I still a devout Catholic, of the opinion that the Church was infallible when speaking through its pope ex […]