My basic approach is to recognize that mainstream legal theories of contract have been muddied by unlibertarian and positivistic conceptions of law and rights. Questions about what rights are "alienable" or not, loose talk about how promises should be "binding," etc., highlight the need for clarity in this area. In my view, to sort these issues out one needs a very clear and consistent understanding of the nature of property rights and ownership.
Stephan KinsellaWeโre against the state, not government. The state just happens to monopolize the government.
Stephan KinsellaMy basic approach is to recognize that mainstream legal theories of contract have been muddied by unlibertarian and positivistic conceptions of law and rights. Questions about what rights are "alienable" or not, loose talk about how promises should be "binding," etc., highlight the need for clarity in this area. In my view, to sort these issues out one needs a very clear and consistent understanding of the nature of property rights and ownership.
Stephan KinsellaThere are any number of models artists can use to profit off of their talent and artistry. It is not up to the state to protect them from competition. Musicians can obviously get paid for performing and having their music copied and "pirated" helps them in this respect by making them more well known, more popular.
Stephan KinsellaThe basis of self-ownership is the fact that each person has direct control over the scarce resource of his body and therefore has a better claim to it than any third party (and any third party seeking to dispute my self-ownership must presuppose the principle of self-ownership in the first place since he is acting as a self-owner).
Stephan KinsellaThe libertarian approach is a very symmetrical one: the non-aggression principle does not rule out force, but only the initiation of force. In other words, you are permitted to use force only in response to some else's use of force. If they do not use force you may not use force yourself. There is a symmetry here: force for force, but no force if no force was used.
Stephan KinsellaThe Austrian theory of subjective value teaches us that there are many ways to incentivize or motivate or induce someone to commit an action for you: you can promise sexual favors, promise to pay money, hire someone, and so on. Also, there is no reason to think that both the boss and his underling cannot both be 100% responsible: in the law this is called joint and several liability.
Stephan Kinsella