Reconciling the Irreconcilable: A Property Rights Approach to Resolving the Animal Rights Debate

Libertarianism is understood to be a “deontological theory of law” that purportedly applies exclusively to humans. According to some libertarians, however, “one of the greatest weaknesses of libertarian theory” is that there are no provisions outlawing the abuse and torture of animals even though this seems to be one of “the most heinous acts it is possible to do”. Moreover, a few of these libertarians go even further and claim that this legal philosophy of non-aggression should actually be extended to include other animals. The purpose of this paper is to reconcile this seemingly irreconcilable situation by arguing that it is a “continuum problem” and offering a principled, libertarian compromise that resolves the animal rights debate using the non-aggression principle (NAP) and private property rights.

Una teoría libertaria para la paz

This paper analyzes the libertarian theory for peace and war exposed by Murray Rothbard in his famous article: «War, Peace and the State» included in the chapter 2 of Hans-Hermann Hoppe’s book: The Myth of National Defense. This paper argues that the methodology used for the making of the theory wasn’t the most accurate one to approach a very complex subject like this one which always comes to the light of the discussion about the oppressive state intervention. It is analyzed in extenso the implications of the path chosen by the author, proposing an alternative methodology and exposing a series of seminal ideas for the further development of a more consistent and complete libertarian theory of peace. Key words: Rothbard, Libertarian Theory of Peace, War, Methodology. JEL Classification: B25 Resumen: Este artículo analiza la teoría libertaria de la paz y la guerra ex - puesta por Murray Rothbard en su famoso escrito: «War, Peace and the State» incluido como capítulo 2 de la sección 1 del libro recopilatorio de Hans-Hermann Hoppe: The Myth of National Defense. Se argumenta en el mismo que la metodología utilizada para la elaboración de la teoría no fue del todo la más adecuada para poder abordar un tema tan complejo como este, que siempre salta a la luz del debate a la hora de criticar el agobiante interven-cionismo estatal. Se analizan in extenso las implicaciones del camino esco - gido por el autor, proponiendo una metodología alternativa y exponiendo una serie de ideas seminales que sirvan para un posterior desarrollo de una teoría libertaria de la paz más completa y mejor integrada. Palabras clave: Rothbard, Teoría Libertaria de la Paz, Guerra, Metodología. Clasificación JEL: B25.

PRIVATE PROPERTY RIGHTS AND THE DECEASED

While the libertarian theory of property rights has been thoroughly studied, there has been minimal research done in regard to a deceased person’s ability to dictate the future of the property he owned in life. In this paper, we attempt to develop a theory of the property rights of deceased people consistent with libertarian principles. We analyze the legitimacy of contracts between two individuals after one individual dies, ownership of the cadaver, the deceased’s right to decide which actions are permissible to perform on the said cadaver, and the status of the deceased property when a will both has and has not been written. While there has been no explicit commentary made regarding these topics, outside from the will, the authors extrapolated current libertarian theories on property rights and applied them accordingly. While the authors of the paper ultimately do not reach a consensus agreement on some of the issues discussed in the paper, this exploratory work on the property rights of the deceased is intended to open further discussion and research on the matter to further contribute to the formulation of a concise libertarian legal theory.

Insurrection of singularities. A conceptualization of (anti)political action in postanarchism

The article reveals the political and philosophical core of contemporary anarchist thought using the example of such its theoretical variation as postanarchism. Seamlessly engaging into the current left-wing radical discursive context, postanarchism at the same time reflects the micro-political, localist and largely spontaneous tendencies that characterize today’s forms of political protest and resistance in many countries of the world. Having arisen as a reaction to the crisis of legitimacy of political and economic institutions, these tendencies lead to a rethinking of standard political categories by modern philosophy: “class”, “revolution”, “democracy”, “sovereignty”, “political”, etc. The postanarchist perspective, revealing distinctly anarchic features in current forms of radical politics (decentralization, network character, distrust of official institutions), also offers its own reinterpretation of a series of concepts on purpose of radicalizing and updating libertarian theory. In particular, this article focuses on the logic of differentiating the concepts of revolution and insurrec­tion, which is carried out by the leading theorist of postanarchism S. Newman, who starts from the philosophical individualism of M. Stirner and also proceeds from the crisis of metanarratives proclaimed by the postmodern. Furthermore, within the framework of an at­tempt to define a new political subject, that is common to Western left thought, Newman develops the concept of singularity in a number of his texts, actively using the philosophical studies of some continental thinkers. Finally, in terms of postanarchism, the conceptualiza­tion of political action and the subject of this action through the concepts of rebellion and singularity not only contributes to the clarification and revitalization of anarchist discourse but is itself a subversive gesture that destabilizes the normative political language.

From Intuitions to Anarchism?

When libertarian political philosophy attracted wide public notice in the 1970s, a common view was that the distinctive individual rights advocated in libertarian theory required grounding in a theory of ethics. Recently, this view has come under challenge. It has been argued that resort to such grounding in ethical theory is unneeded. An appeal to common sense intuitions suffices to justify libertarianism. First, a brief account of libertarianism will be presented. Then, some examples of the older, pro-grounding position will be discussed. Then, the principal defense of the newer view, Michael Huemer’s The Problem of Political Authority, will be examined. This discussion constitutes the substance of the present paper. The principal contention of the present article will be that the argument to libertarianism from intuitions does not succeed. In conclusion, it will be suggested that a return to the earlier, grounding view is indicated for philosophers who wish to defend libertarianism.

Komunikasi Massa dan Demokrasi dalam Arus Sistem Politik

The process of mass communication is a reality experienced by society so that it will follow the ideology and political system adopted in the country where it lives. Every country has an ideology that is adhered to as values and principles that serve as guidelines in achieving national ideals. The ideology of a country ultimately determines the political system that is practiced in the life of the nation and state. People who live in a country must be guided by the ideology set. The state ideology becomes the values that are practiced and shared together in daily life, including in the process of mass communication. In the current political mass communication system it should have the potential to become the fourth power and pillar of democracy in a country's political system. Namely the mass media that play an important role as the fourth estate. The process of mass communication takes place in the flow of the country's political system, seen from the perspective of the Four Theories of the Pres and Three Models of Media and Politics, democracy can develop according to the theory of libertarian theory and social responsibility in the four theories of the press, as well as liberal and corporate democracy in the three models of media and politics. Which is the important role of the mass media as the fourth estate can be realized. Whereas in a country that adheres to a media and political system according to authoritarian theory, the soviet communist theory and the pluralist pluralist model are not possible. Although the process of mass communication can play its role as the fourth estate in the realm of democracy, but there are serious challenges that must be faced, namely media conglomeration. Keywords: Mass communication, political system, democracy, press.

Nulla Libertarian Poena Sine NAP: Reexamination of Libertarian Theories of Punishment

Libertarianism deals with what the law should be. In this article, we focus on what the appropriate law to punish criminals should be in a libertarian society; that is, one that respects the Non-Aggression Principle and property rights. We examine various theories of punishment and explain why some are incompatible with libertarianism. We contribute to the latest libertarian theory of punishment suggesting the necessity to take time preference into consideration. We conclude stating a limit and a limitation to libertarian punishment theories.

Is Nozick a Libertarian?

Nozick’s libertarian theory of property rights, laid out in Part II of Anarchy, State and Utopia, has been subject to innumerable internalist and external critiques. But the book read as a whole poses a deeper puzzle. Parts I, II, and III present at least three mutually inconsistent theories of property rights: utilitarian; libertarian; and anything goes, provided that citizens have some unspecified level of choice among legal regimes. If any of the three predominates, it is not libertarianism but utilitarianism. Nozick is hardly alone in this regard. Nozick’s inconstancy to libertarian principles is typical of the problems deontologists of all stripes encounter in translating vague, abstract rights into concrete rules. His de facto solution is typical as well: when the going gets tough, rights theorists usually turn utilitarian.

Must Right-Libertarians Embrace Easements by Necessity?

The present paper investigates the question of whether right-libertarians must accept easements by necessity. Since easements by necessity limit the property rights of the owner of the servient tenement, they apparently conflict with the libertarian homestead principle, according to which the person who first mixes his labor with the unowned land acquires absolute ownership thereof. As we demonstrate in the paper, however, the homestead principle understood in such an absolutist way generates contradictions within the set of rights distributed on its basis. In order to avoid such contradictions, easements by necessity must be incorporated into the libertarian theory of property rights and the homestead principle must be truncated accordingly.