THE LEGAL STATUS OF THE STATE OF ISRAEL A LIBERTARIAN APPROACH Walter E. Block Joseph A. Butt, S.J. College of Business, Loyola University New Orleans
[email protected] Alan G. Futerman Independent Scholar, Rosario, Argentina
[email protected] Rafi Farber Independent Scholar, Karnei Shomron, Israel
[email protected] At bottom, for the libertarian, the issue of justice in the Middle East regarding the Jews and the Arabs, Israel and Palestinians, comes down to private property rights. Murray Rothbard's War Guilt in the Middle East takes the position that the Arabs were and are the proper owners of the terrain under dispute. We offer the very opposite point of view, but based on the very same libertarian principles employed by Rothbard. Our main criticism is that this author does not go far back enough in history in his analysis nor does he correctly analyze the histori- cal record in the period before and after the creation of the State of Israel. Thus, we provide a case for the existence of Israel as a state from a libertarian legal perspective. Keywords: Libertarianism, Private Property Rights, Israel, Palestinians, Legal Theory, Political Theory. The authors wish to thank Steve Kahn, Buzz Lorch, Michael Makovi, Joel Kirsch and Gustavo Perednik for helpful comments on an earlier draft of this paper. The usual proprieties apply; only the authors are responsible for all errors and infelicities. The Indonesian Journal of International & Comparative Law ISSN: 2338-7602; E-ISSN: 2338-770X http://www.ijil.org © 2016 The Institute for Migrant Rights Press Block, Futerman, & Farber I.