Libertarian Papers

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Adolf Reinach

Abstract: Adolf Reinach (1883–1917) was a German phenomenologist and legal theorist. This is a previously-unpublished translation (by Dr. Berit Brogaard) of Reinach’s 1905 dissertation for his PhD earned under Theodor Lipps at the University of Munich, which was published as “Über den Ursachenbegriff im geltenden Strafrecht” (Leipzig: J. A. Barth 1905), and reprinted in Adolf Reinach, Sämtliche Werke. Textkritische Ausgabe [Collected Works: Critical Edition], Karl Schuhmann & Barry Smith, eds., 2 vols. (Munich: Philosophia Verlag, 1989), pp. 1–43.

Adolf Reinach

Gerard N. Casey

Abstract: In “Rothbard as a philosopher” (Feser 2006) Edward Feser harshly criticises the philosophical abilities of Murray Rothbard. According to Feser, Rothbard seems unable to produce arguments that don’t commit obvious fallacies or produces arguments that fail to address certain obvious objections. His criticism centres on what he regards as Rothbard’s principal argument for the thesis of self-ownership. In this paper, I attempt to show that Feser’s criticism fails of its purpose and that Rothbard is very far from being the epitome of philosophical ineptitude that Feser takes him to be.

Gerard Casey

D. G. White

Abstract: Properly speaking, money and law are natural outgrowths of human society, evolving over time via the voluntary cooperation that lies at the heart of the social enterprise.  And as gold and the golden rule have for millennia formed the basis, respectively, of society’s money and law, they accordingly constitute the “twin pillars of civilization,” governing the social enterprise such that, in Mises’s words, “the human species has multiplied far beyond the margin of subsistence.”  It stands to reason, then, that if money and law are corrupted, the social enterprise will be corrupted as well.  And as this is precisely what the state has done, essentially toppling the twin pillars of civilization, it is necessary to understand what the state is, where it came from, and how it has systematically gone about corrupting money and law, and thus the social enterprise as a whole.  For only then can money and law be returned to their rightful owners, and only then can the state be put in its proper place.  Which is no place so far as the proper functioning of civil society is concerned.

James Rolph Edwards

Abstract: Progressive legal theorist Daniel Crane has argued that libertarians who believe that monopoly results from government intervention should accept antitrust law because the monopoly problem is a result of state government passage of General Incorporation Acts after the Civil War. The resulting corporate consolidation and control of industry necessitated federal antitrust law as a corrective. Crane has all of this wrong. State permission for incorporation was an ancient tool of mercantile grants of monopoly still in practice by state legislatures in the early 19th century, and the General Incorporation Acts were a major expression of a successful Jacksonian antimonopoly policy.

George Bragues

Abstract: Since the financial crisis first erupted in the summer of 2007, the US Federal Reserve has sought to contain negative spillovers into the real economy by dramatically loosening monetary policy. Initially, this was done by lowering its key lending rates, but as the crisis has worsened, and rates have approached closer to zero, it has resorted to expanding its balance sheet in a historically unprecedented fashion. The Fed’s total assets have more than doubled to nearly $2 trillion since the summer of 2007.

Much of the debate surrounding the wisdom of this extraordinary increase in the production of money has revolved around its expediency–in other words, will it actually work to rescue the economy? Very little has been said, at least explicitly, about whether it is the morally right thing to do.

This paper seeks to fill this gap by providing a moral analysis of the Fed’s response to the financial crisis. For this purpose, we apply Aristotelian virtue theory, Lockean natural rights philosophy, Kantian deontology, and Benthamite utilitarianism. The idea is that if a consensus, or a strong majority, can be reached from differing philosophic assumptions and starting points, then the resulting judgment ought to be compelling for all neutral observers. On the basis that the Fed’s efforts are likely to result in a marked rise in inflation, we argue that every one of these four moral theories ultimately renders a negative judgment. As such, we conclude that the Fed is pursuing an immoral course.

*George Bragues

David Barker

Abstract: Despite evidence that free market policies improve overall welfare, much of the world is making little progress in reducing state economic controls. Short-term transition costs may be the reason. A simple model demonstrates that it may be rational to weight these costs more heavily than the long-term benefits of economic freedom.

David Barker

Laurent Carnis

Abstract: The private provision of road services and road privatisation has been extensively studied and has generated numerous debates among scholars. Block and Tullock exchanged on the possibility of having a completely privatised road system. Tullock defends the idea such a system is not viable, whereas Block shows a free market for road provision can be easily conceived.

This article proposes a re-examination of this debate and defends a pragmatic and realist approach. Although it shares Block’s conclusions on the possibility of having a free market for road services, it justifies them on a different ground. In fact, the ‘physical obstacle’ argument is less important that it could be previously imagined but it reflects more a socialist tendency to pose the problem.

Laurent Carnis

Mark R. Crovelli

Abstract: Both Ludwig von Mises and Richard von Mises claimed that numerical probability could not be legitimately applied to singular cases. This paper challenges this aspect of the von Mises brothers’ theory of probability. It is argued that their denial that numerical probability could be applied to singular cases was based solely upon Richard von Mises’ exceptionally restrictive definition of probability. This paper challenges Richard von Mises’ definition of probability by arguing that the definition of probability necessarily depends upon whether the world is governed by time-invariant causal laws. It is argued that if the world is governed by time-invariant causal laws, a subjective definition of probability must be adopted. It is further argued that both the nature of human action and the relative frequency method for calculating numerical probabilities both presuppose that the world is indeed governed by time-invariant causal laws. It is finally argued that the subjective definition of probability undercuts the von Mises claim that numerical probability cannot legitimately be applied to singular, non-replicable cases.

 

*Mark R. Crovelli