Response to Callahan on Deductive Libertarianism WALTER E
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The Mythology of Holdout As a Justification for Eminent Domain and Public Provision of Roads
The Mythology of Holdout as a Justification for Eminent Domain and Public Provision of Roads —————— ✦ —————— BRUCE L. BENSON ne of the alleged justifications for government provision of roads is that the power of eminent domain is necessary in order to overcome holdout prob- Olems and obtain right-of-way properties (Goldstein 1987).1 After all, this argument continues, only the state has such power, so the private sector would be unable to supply the efficient amount of roads.2 In this article, I examine this mar- ket-failure justification for public roads from three different perspectives and demon- Bruce L. Benson is DeVoe Moore Distinguished Research Professor in the Department of Economics at Florida State University. 1. In the United States, the power to force a private-property holder to sell property to a government entity (federal, state, or local government agency) is called eminent domain, but this term is not widely used or recognized in other parts of the world. The more general term is compulsory sale. 2. There are other alleged justifications for public roads as well. Perhaps the primary one, at least from a theoretical perspective, is the public-good/free-rider argument, which implies that coercive taxation is needed to pay for roads and therefore that the private sector cannot provide an efficient supply of roads. I have rejected this argument elsewhere (Benson 1994). Indeed, private provision of roads is common. Also see Roth (1996, 196–207) for discussion of fallacies in other objections to privately provided roads (justifications for public roads). The Independent Review, v. -
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. -
Foreword by Paul Johnson
Choice, Community, and Civil Society David T. Beito Edited by Peter Gordon, and Alexander Tabarrok Foreword by Paul Johnson Ann Arbor The University of Michigan Press Copyright © by the Independent Institute 2002 All rights reserved Published in the United States of America by The University of Michigan Press Manufactured in the United States of America c Printed on acid-free paper 2005 2004 2003 2002 4321 No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, or otherwise, without the written permission of the publisher. A CIP catalog record for this book is available from the British Library. Library of Congress Cataloging-in-Publication Data The voluntary city : choice, community, and civil society / edited by David Beito, Peter Gordon, and Alexander Tabarrok. p. cm. — (Economics, cognition, and society) Includes bibliographical references. ISBN 0-472-11240-6 (cloth : alk. paper) — ISBN 0-472-08837-8 (pbk. : alk. paper) 1. Municipal government. 2. Voluntarism—United States—History. 3. Voluntarism—Great Britain—History. 4. Volunteer workers in community development. 5. Public-private sector cooperation—United States. 6. Public-private sector cooperation—Great Britain. 7. Civil society. 8. Social service. I. Beito, David T., 1956– II. Gordon, Peter, 1943– III. Tabarrok, Alexander. IV. Series. JS78.V6 2002 307.76—dc21 2001006444 Cover image: Evening cityscape © Copyright Bill Ross/CORBIS Contents Foreword vii Paul Johnson 1 Toward a Rebirth of Civil Society 1 David T. Beito, Peter Gordon, and Alexander Tabarrok Part 1. Building the Voluntary City 2 Laissez-Faire Urban Planning 18 Stephen Davies 3 The Private Places of St. -
Forestalling, Positive Obligations and the Lockean and Blockian Provisos: Rejoinder to Stephan Kinsella*
Ekonomia — Wroclaw Economic Review 22/3 (2016) Acta Universitatis Wratislaviensis No 3732 DOI: 10.19195/2084-4093.22.3.2 Walter E. Block Harold E. Wirth Eminent Scholar Endowed Chair and Professor of Economics [email protected] Joseph A. Butt S.J. College of Business Loyola University New Orleans Forestalling, Positive Obligations and the Lockean and Blockian Provisos: Rejoinder to Stephan Kinsella* JEL Classification: K19 Keywords: forestalling, positive obligations, Lockean proviso, Blockian proviso Abstract Forestalling, Positive Obligations and the Lockean and Blockian Provisos: Rejoinder to Stephan Kinsella The Blockian proviso mandates that no one precludes or forestalls anyone else in their land home- steading patterns such that they prevent them from homesteading virgin encircled land. Kinsella (2007, 2009A) takes issue with this position and likens it to the properly denigrated Lockean pro- viso. The present paper is an attempt to distinguish the two provisos one from the other, and defend the former from Kinsella’s critiques. What is the Lockean proviso? Let us allow “da man” to speak for himself on this issue. According to Locke (1689, emphasis added): “Though the earth, and all inferior creatures, be common to all men, yet every man has a property in his own person: this nobody has any right to but himself. The labour of his body, and the work of his hands, we may say, are properly his. Whatsoever then he removes out of the state that nature hath provided, and left it in, he hath mixed his labour with, and joined to it something that is his own, and thereby makes it his property. -
Judith Jarvis Thomson on Abortion; a Libertarian Perspective
DePaul Journal of Health Care Law Volume 19 Issue 1 Fall 2017 Article 3 April 2018 Judith Jarvis Thomson on Abortion; a Libertarian Perspective Walter E. Block Loyola University New Orleans, [email protected] Follow this and additional works at: https://via.library.depaul.edu/jhcl Part of the Health Law and Policy Commons Recommended Citation Walter E. Block, Judith Jarvis Thomson on Abortion; a Libertarian Perspective, 19 DePaul J. Health Care L. (2018) Available at: https://via.library.depaul.edu/jhcl/vol19/iss1/3 This Article is brought to you for free and open access by the College of Law at Via Sapientiae. It has been accepted for inclusion in DePaul Journal of Health Care Law by an authorized editor of Via Sapientiae. For more information, please contact [email protected]. Judith Jarvis Thomson on abortion; a libertarian perspective1 I. Introduction Abortion is one of the most vexing issues faced by society. On the one hand, there are those who favor the pro-choice position. In their view, the woman, and she alone (along with the advice of her doctor – but the final decision must be hers), should be able to legally determine on what basis, and whether, her pregnancy should be conducted. She should be as free to end her pregnancy at any stage of the development of her fetus, or give birth to it after the usual term of nine months. On the other hand, there are those who favor what is called the pro-life position. In this perspective, the fetus, from the moment of conception, is a full rights-bearing human being. -
Law and Economics ECON B330-001 Fall 2021 (August 23 – December 17)
Law and Economics ECON B330-001 Fall 2021 (August 23 – December 17) Class hours: Monday, Wednesday, Friday from 12:30-1:20 p.m. Course Location: MI 208 Instructor: Dr. Walter E. Block Office Location: Miller Hall 318 Phone: (504) 864-7934 Email: [email protected] Office hours: Wednesday: 2:00 p.m. - 5:00 p.m. In addition to these formal office hours, I will be available most days of the week. If by odd chance none of these hours are convenient, a mutually agreeable appointment can always be made. I am very available for student consultation and willing to give as much time as is needed for questions, discussion, dialogue. Terms of Use A student's continued enrollment in this course signifies acknowledgment of and agreement with the statements, disclaimers, policies, and procedures outlined within this syllabus and elsewhere in the Canvas environment. This Syllabus is a dynamic document. Elements of the course structure (e.g., dates and topics covered, but not policies) may be changed at the discretion of the professor. College of Business Mission Statement The mission of the Loyola College of Business is to educate and empower ethical innovators who work with and for others to solve local and global problems. We teach conceptual, technical, and professional skills through engaging experiences that leverage New Orleans’ community and creative spirit. Course Description This course is an economic analysis used to consider the effects of legal rules upon people’s actions. Alternative rules are considered, with particular attention paid to the differing effects each is likely to have on the structure of incentives, and thus on human actions. -
A Response to the Libertarian Critics of Open-Borders Libertarianism
LINCOLN MEMORIAL UNIVERSITY LAW REVIEW __________________________________ VOLUME 4 FALL 2016 ISSUE 1 ____________________________________ A RESPONSE TO THE LIBERTARIAN CRITICS OF OPEN-BORDERS LIBERTARIANISM Walter E. Block, Ph.D. Harold E. Wirth Eminent Scholar Endowed Chair and Professor of Economics Joseph A. Butt, S.J. College of Business I. INTRODUCTION Libertarians may be unique in many regards, but their views on immigration do not qualify. They are as divided as is the rest of the population on this issue. Some favor open borders, and others oppose such a legal milieu. The present paper may be placed in the former category. It will outline both sides of this debate in sections II and III. Section IV is devoted to some additional arrows in the quiver of the closed border libertarians, and to a refutation of them. We conclude in section V. A RESPONSE TO THE LIBERTARIAN CRITICS OF OPEN-BORDERS LIBERTARIANISM 143 II. ANTI OPEN BORDERS The libertarian opposition to free immigration is straightforward and even elegant.1 It notes, first, a curious bifurcation in international economic relations. In the case of both trade and investment, there must necessarily be two2 parties who agree to the commercial interaction. In the former case, there must be an importer and an exporter; both are necessary. Without the consent of both parties, the transaction cannot take place. A similar situation arises concerning foreign investment. The entrepreneur who wishes to set up shop abroad must obtain the willing acquiescence of the domestic partner for the purchase of land and raw materials. And the same occurs with financial transactions that take place across 1 Peter Brimelow, ALIEN NATION: COMMON SENSE ABOUT AMERICA’S IMMIGRATION DISASTER (1995); Jesús Huerta De Soto, A Libertarian Theory of Free Immigration, 13 J. -
White, Right and Libertarian
WHITE, RIGHT, AND LIBERTARIAN Chase Rachels Copyright © 2018 Christopher Chase Rachels All rights reserved. ISBN-13: 978-1979796521 ISBN-10: 1979796521 CONTENTS Foreword by Hans-Hermann Hoppe ...............................v Chapter I: What Anarcho-Capitalism Is ............................1 Chapter II: The Libertarian Case Against Open Borders ............11 Chapter III: For A “Libertarian Alt-Right” .........................35 Suggestions For Further Reading ..................................79 Appendix: Clearing Up The Hoppe Foreword Controversy ..........87 iii FOREWORD The social theory sailing nowadays under the label “Austro-Liber- tarianism” has a long and prominent history going back many centuries, culminating during the second half of the 20th century in the work of Murray N. Rothbard, and continued today by his various intellectual disciples and students (including myself ). The theory provides a simple, argumentatively irrefutable (without running into contradictions) answer to one of the most important questions in the entire field of the social sciences: How can human beings, “real persons,” having to act in a “real world” characterized by the scarcity of all sorts of physical things, interact with each other, conceivably from the beginning of mankind until the end of human history, peacefully, i.e., without physically clash- ing with one another in a contest or fight concerning the control of one and the same given thing? Put briefly, the answer is this: Absent a perfect harmony of all inter- ests, clashes regarding scarce resources can only be avoided if all scarce resources are assigned as private, exclusive property to some specified individual or group of individuals. Only then can I act independently, with my own things, from you, with your own things, without you and I ever clashing. -
Createspace Word Templates
MOLINARI REVIEW Molinari Review 1, No. 2 (Fall 2019) © The Molinari Institute 2019 All content in this journal is licensed under a Creative Commons Attribution 4.0 International License: http://creativecommons.org/licenses/by/4.0/ Published by: The Molinari Institute 402 Martin Avenue Auburn, Alabama 36830 U.S.A. ISBN: 978-1-947236-00-4 MOLINARI REVIEW The Molinari Review is a peer-reviewed, open-access, print-on-demand, interdiscipli- nary journal of libertarian research. We publish scholarship, sympathetic or critical, in and/or on the libertarian tradition, broadly understood as including classical liberalism, individualist anarchism, social anarchism, anarcho-capitalism, anarcho- communism, anarcho-syndicalism, anarcha-feminism, panarchism, voluntaryism, mu- tualism, agorism, distributism, bleeding-heart libertarianism, Austrianism, Georgism, public choice, and beyond – essentially, everything from Emma Goldman to Ayn Rand, C. L. R. James to F. A. Hayek, Alexis de Tocqueville to Michel Foucault. (We see exciting affiliations among these strands of the libertarian tradition; but you don’t have to agree with us about that to publish in our pages.) Disciplines in which we seek to publish include philosophy, political science, eco- nomics, history, sociology, psychology, anthropology, theology, ecology, literature, and law. We aim to enhance the visibility of libertarian scholarship, to expand the boundaries of traditional libertarian discussion, and to provide a home for cutting- edge research in the theory and practice of human liberty. INFORMATION FOR AUTHORS Submissions should be sent by email to Roderick T. Long at [email protected] as Word .doc or .docx files, prepared for blind review (i.e. all author information re- moved), and accompanied by an abstract of around 150 words as a guide for referees. -
Legislation and the Discovery of Law in a Free Society N
LEGISLATION AND THE DISCOVERY OF LAW IN A FREE SOCIETY N. Stephan Kinsella* ______________________________________________________ TABLE OF CONTENTS I. Introduction .......................................................134 II. Centralized and Decentralized Legal Systems ................135 A. Civil Law and Common Law..........................135 B. Civil Law, Rationalism, and Libertarianism......... 137 III. Law, Legislation, and Liberty................................. 140 A. Anarcho-Capitalism.....................................140 B. Certainty..................................................141 1. Certainty, the Rule of Law, and Legislation 141 2. Decentralized Law-Finding Systems......... 144 a. Limits of Courts’ Decisions: Jurisdiction, Scope of Decision, and Precedent......................144 b. Government Courts: Extra-Market Powers and Disguised Legislation............ 146 3. Civil Codes......................................148 a. The “Special” Status of a Civil Code 148 b. Diluting Effect of Special Statutes.............................149 * N. Stephan Kinsella, JD, LL.M., practices computer software and hardware patent law with Schnader, Harrison, Segal & Lewis, in Philadelphia, and is licensed to practice in Louisiana, Texas, and Pennsylvania, and before the U.S. Patent and Trademark Office. In accordance with the author’s request, the footnote and citation style used in this article is primarily consistent with law review format. The author would like to thank Professor Saúl Litvinoff and Jack Criss, Jr. for helpful comments -
A Spontaneous Order
Digital Proofer A Spontaneous Order: A Spontaneous Order Authored by Christopher Chase ... 6.0" x 9.0" (15.24 x 22.86 cm) The Capitalist Case Black & White on White paper 292 pages For A Stateless Society ISBN-13: 9781512117271 ISBN-10: 1512117277 Please carefully review your Digital Proof download for formatting, grammar, and design issues that may need to be corrected. We recommend that you review your book three times, with each time focusing on a different aspect. Check the format, including headers, footers, page 1 numbers, spacing, table of contents, and index. 2 Review any images or graphics and captions if applicable. 3 Read the book for grammatical errors and typos. Once you are satisfied with your review, you can approve your proof and move forward to the next step in the publishing process. To print this proof we recommend that you scale the PDF to fit the size of your printer paper. CHASE RACHELS DEDICATION Copyright © 2015 Christopher Chase Rachels All rights reserved. ISBN-13: 978-1512117271 ISBN-10: 1512117277 This work is dedicated to my son, Micha Rachels. May he grow up with a Cover Photo by DAVID ILIFF. License: CC-BY-SA 3.0 free spirit, critical mind, and warm heart. ACKNOWLEDGEMENTS CONTENTS I would like to first and foremost thank my wife, Michelle Ferris, Foreword … 6 for standing by my side as an active participant in the fight against tyranny. Her loving encouragement and support enabled me to see this project to its Introduction … 11 end. Stephan Kinsella’s mentorship was likewise invaluable in its relation to the precision and rigor of this book. -
Gary Chartier — I’M Associate Pro- Fessor of Law and Business Ethics at La Sierra University and a Left-Wing Market Anarchist
Gary Chartier — I’m Associate Pro- fessor of Law and Business Ethics at La Sierra University and a left-wing market anarchist. I take anarchism to be the proj- ect of doing without the state. I’d prefer a stateless society in which people enjoyed property rights and were free to structure relationships through exchange. But, un- der anarchy, different communities could reasonably implement different property rules and a community's courts could rightly enforce rights some market anar- chists might want upheld in other ways. Privation could be significantly reduced in stateless societies, but I believe such so- cieties could and should organize income security and poverty relief systems. I call myself a leftist because I support inclu- sion and oppose subordination, deprivation, and aggressive and preventive war. I’m happy to identify as both, in something like the sense suggested by Benja- min Tucker, a socialist and a libertarian. Cambridge just published my second book, Economic Justice and Natural Law. Next: The Conscience of an Anarchist and Anarchy under Law. Prepared by the Tulsa Alliance of the Libertarian Left in coordination with Gary Chartier for the Center for a Stateless Society c4ss.org Gary Chartier all-left.net This pamphlet brought to you by: ALLiance Journal ALLiance Journal: a grassroots, shop-floor, dirt cheap, tabloid aspiring to inspire the Left-Libertarian Movement to delusions of grandeur. We are full of piss and passion; and we will never stop even in the face of singularity, peak oil or Ragnarok. Check us out at alliancejournal.net or libertyactivism.info; read, eat, then write.