Libel, Slander, and Reputation According to Rothbard’s Theory of Libertarian Law

ABSTRACT: Rothbard’s principal conclusion that libel and slander laws have no place in libertarian law is correct. We build upon his brilliant insight on this matter and wrestle with the following questions: How does a reputational right operate? Who, properly, owns such a right? Is this property right alienable—transferable? How would this work in practice? Is recovery for damages precluded under libertarian law? We do take issue with Rothbard’s rejection of voluntary slavery contracts and relate this matter to reputation ownership.

Jacob Pillard (jakepillard@gmail.com) is an independent scholar.

An America with Two Presidents

In the aftermath of Election Day 2020, ballots continue to be counted, states remain undecided, and party lawyers are dreaming about where to invest their upcoming billable hours. One thing we can count on, America’s political institutions are about to face a unique and fascinating challenge to their legitimacy.

For those who have better things to do than closely following late-arriving ballots in swing states, here is where things stand right now:

Colorado Voters Vote for Democrats—and for Tax Cuts

The Colorado Republican Party is the very definition of “sadsack.” Over the past fifteen years or so, the party has repeatedly nominated candidates for office that were so inept and so uninspiring that even a population that wanted tax cuts couldn’t bring itself to vote for the GOP. How do we know a majority of the voters want tax cuts, even if they keep voting for Democratic governors and legislators? We know this because even when a majority of the voters repeatedly vote Democrat, they simultaneously vote for statewide referenda that lower taxes. 

Humanism: Progressive Philosophy at Odds with Itself

ABSTRACT: Humanism is a longstanding intellectual tradition dedicated to moral, aesthetic, and social perfectibility. Classical liberalism and modern libertarianism are products of classical humanist thinking; so is Enlightenment humanism, which substituted science and secular reason for theological dogma and ignorant superstition. Today’s progressive humanist movement, by contrast, transcends freedom, liberty, and reason by seeking utopian perfection through flawed secular dogma and compulsory communitarianism.

James A. Montanye (jmont.ccg@gmail.com) is retired from economics consulting. He lives in Falls Church, Virginia.

Does Being a Libertarian Entail a Necessary Commitment to Open Borders?

ABSTRACT: In this paper I investigate whether Wellman’s freedom of association argument provides libertarians with a compelling argument against open borders. In the first section I set out Wellman’s argument, highlighting its appeal to libertarians. In the second section I address some objections to his argument, and in the third section I discuss some specifically libertarian objections. I conclude that the freedom of association argument is a strong argument against open borders and that thus libertarians are not necessarily committed to unrestricted immigration.

Charles Protheroe (charlesprotheroe@hotmail.com) was most recently head of philosophy at St.

A Defense of Natural Procedural Rights

ABSTRACT: In this essay, I argue that we should believe that agents have what I call natural procedural rights. On the one hand, agents have rights to prevent their rights from being violated, rights to stop those who are violating their rights, and rights to rectification when their rights are violated. In pursuing these rights, I argue that—at least under some conditions—agents have an obligation to inform others of the extent to which they are prepared to go in enforcing these rights.