Property Rights As the Source and Limitation of the Rights of an Individual, and the Foundation of a Society According to Murray Newton Rothbard
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U-I-313/13-91 27 March 2014 Concurring Opinion of Judge Jan
U-I-313/13-91 27 March 2014 Concurring Opinion of Judge Jan Zobec 1. Although I voted for the Decision in its entirety and also concur to a certain degree with its underlying reasons, I wish to express, in my concurring opinion, my view on property taxes from the viewpoint of the constitutional guarantee of private property, especially the private property of residential real property. The applicants namely also referred to the fact that the real property tax excessively interferes with the constitutional guarantee of private property, and the Decision does not contain answers to these allegations. A few brief introductory thoughts on the importance of private property in the circle of civilisation to which we belong 2. Private property entails one of the central constitutional values and one of the pillars of western civilisation. Already the Magna Carta Libertatum or The Great Charter of the Liberties of England of 1215, which made the king's power subject to law and which entails the first step towards the implementation of the idea of the rule of law, contained numerous important safeguards of ownership – e.g. the principle that in order to increase the budget of the state it is necessary to obtain the approval of the representative body; the provision that the crown's officials must not seize anyone's movable property without immediate payment – unless the seller voluntarily agrees that the payment be postponed; it also ensured protection from unlawful deprivation of possession or (arbitrary) deprivation without a judicial decision.[1] The theory on property rights also occupies the central position in the political philosophy of John Locke, which inspired the American Revolution and was reflected in the Declaration of Independence. -
Aristotle's Economic Defence of Private Property
ECONOMIC HISTORY ARISTOTLE ’S ECONOMIC DEFENCE OF PRIVATE PROPERTY CONOR MCGLYNN Senior Sophister Are modern economic justifications of private property compatible with Aristotle’s views? Conor McGlynn deftly argues that despite differences, there is much common ground between Aristotle’s account and contemporary economic conceptions of private property. The paper explores the concepts of natural exchange and the tragedy of the commons in order to reconcile these divergent views. Introduction Property rights play a fundamental role in the structure of any economy. One of the first comprehensive defences of the private ownership of property was given by Aristotle. Aris - totle’s defence of private property rights, based on the role private property plays in pro - moting virtue, is often seen as incompatible with contemporary economic justifications of property, which are instead based on mostly utilitarian concerns dealing with efficiency. Aristotle defends private ownership only insofar as it plays a role in promoting virtue, while modern defenders appeal ultimately to the efficiency gains from private property. However, in spite of these fundamentally divergent views, there are a number of similar - ities between the defence of private property Aristotle gives and the account of private property provided by contemporary economics. I will argue that there is in fact a great deal of overlap between Aristotle’s account and the economic justification. While it is true that Aristotle’s theory is quite incompatible with a free market libertarian account of pri - vate property which defends the absolute and inalienable right of an individual to their property, his account is compatible with more moderate political and economic theories of private property. -
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. -
Capitalism, Social Marginality, and the Rule of Law's Uncertain Fate in Modern Society
University of Colorado Law School Colorado Law Scholarly Commons Articles Colorado Law Faculty Scholarship 2005 Capitalism, Social Marginality, and the Rule of Law's Uncertain Fate in Modern Society Ahmed A. White University of Colorado Law School Follow this and additional works at: https://scholar.law.colorado.edu/articles Part of the Criminal Law Commons, Law and Economics Commons, Rule of Law Commons, and the Social Welfare Law Commons Citation Information Ahmed A. White, Capitalism, Social Marginality, and the Rule of Law's Uncertain Fate in Modern Society, 37 ARIZ. ST. L.J. 759 (2005), available at https://scholar.law.colorado.edu/articles/429. Copyright Statement Copyright protected. Use of materials from this collection beyond the exceptions provided for in the Fair Use and Educational Use clauses of the U.S. Copyright Law may violate federal law. Permission to publish or reproduce is required. This Article is brought to you for free and open access by the Colorado Law Faculty Scholarship at Colorado Law Scholarly Commons. It has been accepted for inclusion in Articles by an authorized administrator of Colorado Law Scholarly Commons. For more information, please contact [email protected]. +(,121/,1( Citation: 37 Ariz. St. L.J. 759 2005 Provided by: William A. Wise Law Library Content downloaded/printed from HeinOnline Sun Apr 30 18:05:56 2017 -- Your use of this HeinOnline PDF indicates your acceptance of HeinOnline's Terms and Conditions of the license agreement available at http://heinonline.org/HOL/License -- The search text of this PDF is generated from uncorrected OCR text. -- To obtain permission to use this article beyond the scope of your HeinOnline license, please use: Copyright Information CAPITALISM, SOCIAL MARGINALITY, AND THE RULE OF LAW'S UNCERTAIN FATE IN MODERN SOCIETY Ahmed A. -
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). -
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. -
Policing in Federal States
NEPAL STEPSTONES PROJECTS Policing in Federal States Philipp Fluri and Marlene Urscheler (Eds.) Policing in Federal States Edited by Philipp Fluri and Marlene Urscheler Geneva Centre for the Democratic Control of Armed Forces (DCAF) www.dcaf.ch The Geneva Centre for the Democratic Control of Armed Forces is one of the world’s leading institutions in the areas of security sector reform (SSR) and security sector governance (SSG). DCAF provides in-country advisory support and practical assis- tance programmes, develops and promotes appropriate democratic norms at the international and national levels, advocates good practices and makes policy recommendations to ensure effective democratic governance of the security sector. DCAF’s partners include governments, parliaments, civil society, international organisations and the range of security sector actors such as police, judiciary, intelligence agencies, border security ser- vices and the military. 2011 Policing in Federal States Edited by Philipp Fluri and Marlene Urscheler Geneva, 2011 Philipp Fluri and Marlene Urscheler, eds., Policing in Federal States, Nepal Stepstones Projects Series # 2 (Geneva: Geneva Centre for the Democratic Control of Armed Forces, 2011). Nepal Stepstones Projects Series no. 2 © Geneva Centre for the Democratic Control of Armed Forces, 2011 Executive publisher: Procon Ltd., <www.procon.bg> Cover design: Angel Nedelchev ISBN 978-92-9222-149-2 PREFACE In this book we will be looking at specimens of federative police or- ganisations. As can be expected, the federative organisation of such states as Germany, Switzerland, the USA, India and Russia will be reflected in their police organisation, though the extremely decentralised approach of Switzerland with hardly any central man- agement structures can hardly serve as a paradigm of ‘the’ federal police organisation. -
Private Property Rights, Economic Freedom, and Well Being
Working Paper 19 Private Property Rights, Economic Freedom, and Well Being * BENJAMIN POWELL * Benjamin Powell is a PhD Student at George Mason University and a Social Change Research Fellow with the Mercatus Center in Arlington, VA. He was an AIER Summer Fellow in 2002. The ideas presented in this research are the author’s and do not represent official positions of the Mercatus Center at George Mason University. Private Property Rights, Economic Freedom, and Well Being The question of why some countries are rich, and others are poor, is a question that has plagued economists at least since 1776, when Adam Smith wrote An Inquiry into the Nature and Causes of the Wealth of Nations. Some countries that have a wealth of human and natural resources remain in poverty (in Sub-Saharan Africa for example) while other countries with few natural resources (like Hong Kong) flourish. An understanding of how private property and economic freedom allow people to coordinate their activities while engaging in trades that make them both people better off, gives us an indication of the institutional environment that is necessary for prosperity. Observation of the countries around the world also indicates that those countries with an institutional environment of secure property rights and highPAPER degrees of economic freedom have achieved higher levels of the various measures of human well being. Property Rights and Voluntary Interaction The freedom to exchange allows individuals to make trades that both parties believe will make them better off. Private property provides the incentives for individuals to economize on resource use because the user bears the costs of their actions. -
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, -
The Need of State? American Anarcho-Capitalism
Ad Americam Journal of American Studies Vol. 10, 2009 ISSN 1896-9461 ISBN 978-83-233-2905-3 Magdalena Modrzejewska THE NEED OF STATE? AMERICAN ANARCHO-CAPITALISM The paper examines the theory of anarcho-capitalists philosophers David Friedman and Murray Rothbard. Both philosophers argue for a society based in voluntary trade of private property (including money, consumer goods, land, and capital goods) and services (includ- ing protection services) in order to maximize individual liberty and prosperity. Moreover, they maintain that order exists in the pre-state situation, and any form of compulsion from the government/state violates that natural order. The paper examines how society can func- tion in such an anarchic, non-state situation (especially how the law and legal system can arise and exist without a state/government). Libertarians created a vision of an individual as a rational being, with a broad range of rights bestowed upon him/her, free from any form of external coercion. Therefore, they postulated that all relations between individuals should be established on volun- tary ground. Consequently, they faced the vital question of whether the existence of a state is required at all, and if so – how we could justify the rise of a state without the violation of the individual rights. In their reflection about the shape of the state, libertarians use methodological an- archism.1 “In political philosophy this method means that, as a starting point for their research, they use the state of nature as described by Locke or Hobbes, associated with anarchy, and then they show the possibility of overcoming such an anarchy and reaching in a rational manner the just social state” (Miklaszewska 1994: 21). -
Property and Ownership
Property and Ownership Gerald Gaus 1 PRIVATE PROPERTY: FUNDAMENTAL OR PASSÉ? For the last half century, thinking within political philosophy about private property and ownership has had something of a schizophrenic quality. The classical liberal tradition has always stressed an intimate connection between a free society and the right to private property.1 As Ludwig von Mises put it, “the program of liberalism....if condensed to a single word, would have to read: property, that is, private ownership....”2 Robert Nozick’s Anarchy, State and Utopia, drawing extensively on Locke, gave new life to this idea; subsequently a great deal of political philosophy has focused on the justification (or lack of it) of natural rights to private property.3 Classical liberals such as Eric Mack — also drawing extensively on Locke’s theory of property — have argued that “the signature right of any rights-oriented classical liberalism is the right of self-ownership.”4 In addition, Mack argues that “we have the same good reasons for ascribing to each person a natural right of property” in “extrapersonal objects.”5 Each individual, Mack contends, has “an original, nonacquired right … to engage in the acquisition of extrapersonal objects and in the disposition of those acquired objects as one sees fit in the service of one’s ends.”6 Essentially, one has a natural right to become an owner of external property. Not all contemporary classical liberals hold that property rights are natural, but all insist that strong rights to private property are essential for a free society.7 Jan Narveson has recently defended the necessity in a free society of property understood as “a unitary concept, explicable as a right over a thing owned, against others who are precluded from the free use of it to which ownership entitles the owner.”8 GAUS/2 The “new liberal” project of showing that a free society requires robust protection of civil and political rights, but not extensive rights of private property (beyond personal property) has persistently attacked this older, classical, liberal position. -
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