Murray N. Rothbard: Mr. Libertarian
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The Early Years of First Amendment Lochnerism
COLUMBIA LAW REVIEW VOL. 116 DECEMBER 2016 NO. 8 ARTICLES THE EARLY YEARS OF FIRST AMENDMENT LOCHNERISM Jeremy K. Kessler* From Citizens United to Hobby Lobby, civil libertarian challenges to the regulation of economic activity are increasingly prevalent. Critics of this trend invoke the specter of Lochner v. New York. They suggest that the First Amendment, the Religious Freedom Restoration Act, and other legislative “conscience clauses” are being used to resurrect the economically libertarian substantive due process jurisprudence of the early twentieth century. Yet the worry that aggressive judicial enforcement of the First Amendment might erode democratic regulation of the economy and enhance the economic power of private actors has a long history. As this Article demonstrates, anxieties about such “First Amendment Lochnerism” date back to the federal judiciary’s initial turn to robust protection of free exercise and free expression in the 1930s and 1940s. Then, it was those members of the Supreme Court perceived as most liberal who struck down economic regulations on First Amendment grounds. They did so in a series of contentious cases involving the Jehovah’s Witnesses, who challenged local peddling taxes as burdening a central aspect of their missionary faith—the mass sale and distribution of religious literature. In dissent, Justice Robert Jackson warned that the new “liberal” majority’s expansive conception of First *. Associate Professor and Milton Handler Fellow, Columbia Law School. FoR conversation and counsel along the way, -
Rent-Seeking: a Primer by Sanford Ikeda
ON LIBERTY November 2003 Vol. 53, No. 10 FEATURES 8 The Economics of Spam by Christopher Westley 10 Business Under German Inflation by Ludwig von Mises 14 Healers Under Siege by Doug Bandow 19 Understanding "Austrian" Economics, Part 2 by Henry Hazlitt 24 Rent-Seeking: A Primer by Sanford Ikeda 29 Grutter v. Bollinger: A Constitutional Embarrassment by George C. Leef 33 Global Warming: Extreme Weather or Extreme Prejudice? by Christopher Lingle 37 The Fallacies of Distributism by Thomas E. Woods, Jr. 4 FROM the PRESIDENT—-The Great German Inflation by Richard M. Ebeling «««« 17 THOUGHTS on FREEDOM—Oblivious to the Obvious by Donald J. Boudreaux 27 PERIPATETICS—Canute's Courtiers Were Wrong by Sheldon Richman 35 OUR ECONOMIC PAST— How the Federal Government Got into the Ocean-Shipping Business by Robert Higgs 47 THE PURSUIT of HAPPINESS—-People Before Profits by Walter E. Williams DEPA RT/V\ E NTS 2 Perspective—Weighing In by Sheldon Richman 6 Massive Foreign Aid Is the Solution to Africa's Ills? It Just Ain't So! by William Thomas 42 Book Reviews Adam Smith's Marketplace of Life by James R. Otteson, reviewed by Robert Batemarco; The Great Tax Wars: Lincoln to Wilson—The Fierce Battles over Money and Power that Transformed the Nation by Steven R. Weisman, reviewed by Burton W. Folsom, Jr.; Pieces of Eight by Edwin Vieira, Jr., reviewed by George C. Leef; Terrorism and Tyranny: Trampling Freedom, Justice, and Peace to Rid the World of Evil by James Bovard, reviewed by Richard M. Ebeling. Published by The Foundation for Economic Education IDEAS Irvington-on-Hudson, NY 10533 Phone: (800) 960-4FEE; (914) 591-7230 PERSPECTIVE ON LIBERTY Fax: (914) 591-8910; E-mail: [email protected] FEE Home Page: www.fee.org Weighing In President: Richard M. -
Markets Not Capitalism Explores the Gap Between Radically Freed Markets and the Capitalist-Controlled Markets That Prevail Today
individualist anarchism against bosses, inequality, corporate power, and structural poverty Edited by Gary Chartier & Charles W. Johnson Individualist anarchists believe in mutual exchange, not economic privilege. They believe in freed markets, not capitalism. They defend a distinctive response to the challenges of ending global capitalism and achieving social justice: eliminate the political privileges that prop up capitalists. Massive concentrations of wealth, rigid economic hierarchies, and unsustainable modes of production are not the results of the market form, but of markets deformed and rigged by a network of state-secured controls and privileges to the business class. Markets Not Capitalism explores the gap between radically freed markets and the capitalist-controlled markets that prevail today. It explains how liberating market exchange from state capitalist privilege can abolish structural poverty, help working people take control over the conditions of their labor, and redistribute wealth and social power. Featuring discussions of socialism, capitalism, markets, ownership, labor struggle, grassroots privatization, intellectual property, health care, racism, sexism, and environmental issues, this unique collection brings together classic essays by Cleyre, and such contemporary innovators as Kevin Carson and Roderick Long. It introduces an eye-opening approach to radical social thought, rooted equally in libertarian socialism and market anarchism. “We on the left need a good shake to get us thinking, and these arguments for market anarchism do the job in lively and thoughtful fashion.” – Alexander Cockburn, editor and publisher, Counterpunch “Anarchy is not chaos; nor is it violence. This rich and provocative gathering of essays by anarchists past and present imagines society unburdened by state, markets un-warped by capitalism. -
Mere Libertarianism: Blending Hayek and Rothbard
Mere Libertarianism: Blending Hayek and Rothbard Daniel B. Klein Santa Clara University The continued progress of a social movement may depend on the movement’s being recognized as a movement. Being able to provide a clear, versatile, and durable definition of the movement or philosophy, quite apart from its justifications, may help to get it space and sympathy in public discourse. 1 Some of the most basic furniture of modern libertarianism comes from the great figures Friedrich Hayek and Murray Rothbard. Like their mentor Ludwig von Mises, Hayek and Rothbard favored sweeping reductions in the size and intrusiveness of government; both favored legal rules based principally on private property, consent, and contract. In view of the huge range of opinions about desirable reform, Hayek and Rothbard must be regarded as ideological siblings. Yet Hayek and Rothbard each developed his own ideas about liberty and his own vision for a libertarian movement. In as much as there are incompatibilities between Hayek and Rothbard, those seeking resolution must choose between them, search for a viable blending, or look to other alternatives. A blending appears to be both viable and desirable. In fact, libertarian thought and policy analysis in the United States appears to be inclined toward a blending of Hayek and Rothbard. At the center of any libertarianism are ideas about liberty. Differences between libertarianisms usually come down to differences between definitions of liberty or between claims made for liberty. Here, in exploring these matters, I work closely with the writings of Hayek and Rothbard. I realize that many excellent libertarian philosophers have weighed in on these matters and already said many of the things I say here. -
Libertarianism, Feminism, and Nonviolent Action: a Synthesis
LIBERTARIAN PAPERS VOL. 4, NO. 2 (2012) LIBERTARIANISM, FEMINISM, AND NONVIOLENT ACTION: A SYNTHESIS GRANT BABCOCK* I. Introduction MURRAY ROTHBARD’S CONTRIBUTION to libertarian ethics was to outline a theory prohibiting aggressive violence (1978, p. 27-30). The influence of Rothbard’s ethics,1 combined with a decades-long political alliance with conservatives based on anticommunism, has produced a debate within libertarian circles about whether libertarians qua libertarians must take positions against certain forms of repression that do not involve aggressive violence. The non-aggression principle is as good a libertarian litmus test as has been suggested. Often, the voices who levy allegations of non-aggressive (or at least not exclusively aggressive) oppression come from the political left, and have un-libertarian (read: aggressive) solutions in mind, even if they do not conceive of those solutions as violent. Despite these considerations, I do believe that libertarians qua libertarians are obligated to say something about the kind of non-aggressive oppression that these voices from the left have raised regarding issues including, but not limited to, race, class, gender, and sexual orientation. Making the case that libertarians have these obligations irrespective of their * Grant Babcock ([email protected]) is an independent scholar. My thanks to Robert Churchill, Matthew McCaffrey, Ross Kenyon, and two anonymous referees for their help and encouragement. The paper’s merits are largely a result of their influence; any remaining errors are my own. CITATION INFORMATION FOR THIS ARTICLE: Grant Babcock. 2012. “Libertarianism, Feminism, and Nonviolent Action: A Synthesis.” Libertarian Papers. 4 (2): 119-138. ONLINE AT: libertarianpapers.org. -
Some Worries About the Coherence of Left-Libertarianism Mathias Risse
John F. Kennedy School of Government Harvard University Faculty Research Working Papers Series Can There be “Libertarianism without Inequality”? Some Worries About the Coherence of Left-Libertarianism Mathias Risse Nov 2003 RWP03-044 The views expressed in the KSG Faculty Research Working Paper Series are those of the author(s) and do not necessarily reflect those of the John F. Kennedy School of Government or Harvard University. All works posted here are owned and copyrighted by the author(s). Papers may be downloaded for personal use only. Can There be “Libertarianism without Inequality”? Some Worries About the Coherence of Left-Libertarianism1 Mathias Risse John F. Kennedy School of Government, Harvard University October 25, 2003 1. Left-libertarianism is not a new star on the sky of political philosophy, but it was through the recent publication of Peter Vallentyne and Hillel Steiner’s anthologies that it became clearly visible as a contemporary movement with distinct historical roots. “Left- libertarian theories of justice,” says Vallentyne, “hold that agents are full self-owners and that natural resources are owned in some egalitarian manner. Unlike most versions of egalitarianism, left-libertarianism endorses full self-ownership, and thus places specific limits on what others may do to one’s person without one’s permission. Unlike right- libertarianism, it holds that natural resources may be privately appropriated only with the permission of, or with a significant payment to, the members of society. Like right- libertarianism, left-libertarianism holds that the basic rights of individuals are ownership rights. Left-libertarianism is promising because it coherently underwrites both some demands of material equality and some limits on the permissible means of promoting this equality” (Vallentyne and Steiner (2000a), p 1; emphasis added). -
Libertarian Feminism: Can This Marriage Be Saved? Roderick Long Charles Johnson 27 December 2004
Libertarian Feminism: Can This Marriage Be Saved? Roderick Long Charles Johnson 27 December 2004 Let's start with what this essay will do, and what it will not. We are both convinced of, and this essay will take more or less for granted, that the political traditions of libertarianism and feminism are both in the main correct, insightful, and of the first importance in any struggle to build a just, free, and compassionate society. We do not intend to try to justify the import of either tradition on the other's terms, nor prove the correctness or insightfulness of the non- aggression principle, the libertarian critique of state coercion, the reality and pervasiveness of male violence and discrimination against women, or the feminist critique of patriarchy. Those are important conversations to have, but we won't have them here; they are better found in the foundational works that have already been written within the feminist and libertarian traditions. The aim here is not to set down doctrine or refute heresy; it's to get clear on how to reconcile commitments to both libertarianism and feminism—although in reconciling them we may remove some of the reasons that people have had for resisting libertarian or feminist conclusions. Libertarianism and feminism, when they have encountered each other, have most often taken each other for polar opposites. Many 20th century libertarians have dismissed or attacked feminism—when they have addressed it at all—as just another wing of Left-wing statism; many feminists have dismissed or attacked libertarianism—when they have addressed it at all—as either Angry White Male reaction or an extreme faction of the ideology of the liberal capitalist state. -
Liberty, Property and Rationality
Liberty, Property and Rationality Concept of Freedom in Murray Rothbard’s Anarcho-capitalism Master’s Thesis Hannu Hästbacka 13.11.2018 University of Helsinki Faculty of Arts General History Tiedekunta/Osasto – Fakultet/Sektion – Faculty Laitos – Institution – Department Humanistinen tiedekunta Filosofian, historian, kulttuurin ja taiteiden tutkimuksen laitos Tekijä – Författare – Author Hannu Hästbacka Työn nimi – Arbetets titel – Title Liberty, Property and Rationality. Concept of Freedom in Murray Rothbard’s Anarcho-capitalism Oppiaine – Läroämne – Subject Yleinen historia Työn laji – Arbetets art – Level Aika – Datum – Month and Sivumäärä– Sidoantal – Number of pages Pro gradu -tutkielma year 100 13.11.2018 Tiivistelmä – Referat – Abstract Murray Rothbard (1926–1995) on yksi keskeisimmistä modernin libertarismin taustalla olevista ajattelijoista. Rothbard pitää yksilöllistä vapautta keskeisimpänä periaatteenaan, ja yhdistää filosofiassaan klassisen liberalismin perinnettä itävaltalaiseen taloustieteeseen, teleologiseen luonnonoikeusajatteluun sekä individualistiseen anarkismiin. Hänen tavoitteenaan on kehittää puhtaaseen järkeen pohjautuva oikeusoppi, jonka pohjalta voidaan perustaa vapaiden markkinoiden ihanneyhteiskunta. Valtiota ei täten Rothbardin ihanneyhteiskunnassa ole, vaan vastuu yksilöllisten luonnonoikeuksien toteutumisesta on kokonaan yksilöllä itsellään. Tutkin työssäni vapauden käsitettä Rothbardin anarko-kapitalistisessa filosofiassa. Selvitän ja analysoin Rothbardin ajattelun keskeisimpiä elementtejä niiden filosofisissa, -
Nine Lives of Neoliberalism
A Service of Leibniz-Informationszentrum econstor Wirtschaft Leibniz Information Centre Make Your Publications Visible. zbw for Economics Plehwe, Dieter (Ed.); Slobodian, Quinn (Ed.); Mirowski, Philip (Ed.) Book — Published Version Nine Lives of Neoliberalism Provided in Cooperation with: WZB Berlin Social Science Center Suggested Citation: Plehwe, Dieter (Ed.); Slobodian, Quinn (Ed.); Mirowski, Philip (Ed.) (2020) : Nine Lives of Neoliberalism, ISBN 978-1-78873-255-0, Verso, London, New York, NY, https://www.versobooks.com/books/3075-nine-lives-of-neoliberalism This Version is available at: http://hdl.handle.net/10419/215796 Standard-Nutzungsbedingungen: Terms of use: Die Dokumente auf EconStor dürfen zu eigenen wissenschaftlichen Documents in EconStor may be saved and copied for your Zwecken und zum Privatgebrauch gespeichert und kopiert werden. personal and scholarly purposes. Sie dürfen die Dokumente nicht für öffentliche oder kommerzielle You are not to copy documents for public or commercial Zwecke vervielfältigen, öffentlich ausstellen, öffentlich zugänglich purposes, to exhibit the documents publicly, to make them machen, vertreiben oder anderweitig nutzen. publicly available on the internet, or to distribute or otherwise use the documents in public. Sofern die Verfasser die Dokumente unter Open-Content-Lizenzen (insbesondere CC-Lizenzen) zur Verfügung gestellt haben sollten, If the documents have been made available under an Open gelten abweichend von diesen Nutzungsbedingungen die in der dort Content Licence (especially Creative -
No State Required? a Critical Review of the Polycentric Legal Order
No State Required? A Critical Review of the Polycentric Legal Order John K. Palchak* & Stanley T. Leung** TABLE OF CONTENTS I. INTRODUCTION ..................................... 290 II. THE Two VISIONS OF ANARCHY ........................ 295 III. RANDY BARNETT'S THE STRUCTURE OF LIBERTY ............ 305 A. Barnett's PhilosophicalJustifications: Human Nature and NaturalLaw ..................... 306 B. Barnett's Discussion of the Problem of Knowledge ....... 309 1. Types of Knowledge ............................ 309 2. Methods of Social Ordering ...................... 310 3. Discovering Justice-First-Order Problem of Knowledge ................................. 312 4. Communicating Justice-Second-Order Problem of Knowledge .......................... 313 5. Specifying Conventions-Third-Order Problem of Knowledge .......................... 313 C. Barnett's Discussion of the Problem of Interest ......... 316 1. Partiality Problem ............................. 316 2. Incentive Problems ............................. 317 3. Compliance Problems .......................... 317 D. Barnett's Discussion of the Problem of Power .......... 320 1. Fighting Crime Without Punishment ................ 320 2. Enforcement Abuse ............................ 321 E. Barnett's Solution: The Polycentric Legal Order ........ 322 IV. LAW, LEGITIMACY, AND SOCIAL WELFARE .................. 326 * J.D., University of Illinois College of Law; B.A., Penn State University. Special thanks to Tom Ginsburg for his encouragement and numerous suggestions. Thanks to Tom Ulen, Richard McAdams, John Kindt, Duane Stewart, and Mark Fabiani. Also thanks to Ed Crane and Tom Palmer of the Cato Institute, and to the contributors to the Cato scholarship fund, for providing an opportunity to attend the 2000 Cato Summer Seminar in Rancho Bernardo, California that was the genesis of this Article. Appreciation is also expressed to Jesse T. Mann, Dean of Westminster College for the use of research facilities in New Wilmington, Pennsylvania. **. J.D., M.D., MBA, University of Illinois; A.B., Columbia University. -
Ralph Raico: Champion of Authentic Liberalism Daniel P
State University of New York College at Buffalo - Buffalo State College Digital Commons at Buffalo State History Theses History and Social Studies Education 12-2012 Ralph Raico: Champion of Authentic Liberalism Daniel P. Stanford [email protected] Advisor Gary Marotta, Ph.D., Professor of History First Reader Gary Marotta, Ph.D., Professor of History Second Reader John D. Abromeit, Ph.D., Assistant Professor of History Department Chair Andrew D. Nicholls, Ph.D., Professor of History To learn more about the History and Social Studies Education Department and its educational programs, research, and resources, go to http://history.buffalostate.edu/. Recommended Citation Stanford, Daniel P., "Ralph Raico: Champion of Authentic Liberalism" (2012). History Theses. Paper 13. Follow this and additional works at: http://digitalcommons.buffalostate.edu/history_theses Part of the European History Commons, Intellectual History Commons, and the United States History Commons Ralph Raico: Champion of Authentic Liberalism by Daniel P. Stanford An Abstract of a Thesis in History Submitted in Partial Fulfillment of the Requirements for the Degree of Master of Arts December 2012 College at Buffalo State University of New York Department of History 1 ABSTRACT OF THESIS Ralph Raico: Champion of Authentic Liberalism This paper explores the intellectual life and writings of Professor Emeritus in History at Buffalo State College, Ralph Raico. The central thesis seeks to portray Professor Raico as the great modern libertarian revisionist historian, and the great modern champion of historical, classical liberalism. More broadly, the work attempts to solidify Professor Raico’s reputation as a major figure in the modern American libertarian movement. Raico’s intellectual foundations are fully developed, beginning from grade school at Bronx High School of Science, to his attendance of Ludwig von Mises’s New York University seminar, to his P.h.D. -
Constitutionalism and Political Science: Imaginative Scholarship, Unimaginative Teaching
Review Essay Constitutionalism and Political Science: Imaginative Scholarship, Unimaginative Teaching Mark A. Graber n 1983 Martin Shapiro worried that the “new juris- Recent developments in the public law subfield have prudence of values” being promoted by the new gener- confirmed some of these fears, while alleviating others. Iation of public law scholars in political science would Prominent scholars continue paying disproportionate atten- “serve as a cover for slipping back into playing ‘little law tion to American constitutional law as handed down by professor’ for undergraduates.”1 Proponents of the “juris- the Supreme Court of the United States. Twenty-nine of prudence of values” in political science, who engaged in the forty-two awards for scholarship given out since 1990 constitutional theorizing about individual rights and the by the Law and Courts section of the American Political structure of governing institutions, would “writ[e] con- Science Association have gone to works on the Supreme ventional case law doctrine” that “contain[ed] no distinc- Court or American constitutional law. This public law tive political analysis.” Worse, the fruits of the behavioral scholarship, however, speaks with political science voices. revolution might rot should normative concerns take cen- Both behavioral and humanistic scholars are developing ter stage in public law inquiry. Rather than further inte- distinctive empirical and normative insights into Ameri- grate the study of courts into mainstream political science, can constitutional law, theory, and politics. Their work public law scholars would spend their time telling Supreme makes connections between ongoing constitutionalist Court justices how to do their jobs. Shapiro predicted, themes and such traditional concerns of political science “[P]olitical scientists trained in the empirically oriented as political development, rational agency, comparative analy- ‘American politics’ field will be shoved to the edges of sis, political institutions, and political philosophy.