Editorial

The Journal of Libertarian Studies has been founded not simply to provide an outlet for scholarship and research that may be unpopular in a particular discipline. It is the belief that there is a new and growing interdisciplinary discipline—libertarianism—enriched by contributions in each of the particular and seemingly isolated fields that study human action which provides the motive for this Journal. Philosophy, political science, economics, history, law, sociology, geography, anthropology, education, and biology will be carried in this Journal.

Toward a Reformulation of the Law of Contracts

A sketch of the title-transfer approach has been offered here and it seems plausible that this approach is more consistent and rationally defensible than either the present law of contracts or a pure promised expectations approach. The title-transfer model seems to be able to handle adequately the historic problem areas of the law of contracts. In addition, it meshes well with the rights set forth in the Bill of Rights and proclaimed in the Declaration of Independence. It would seem that the title-transfer model might well be the appropriate law of contracts for a free society.

Whither anarchy? Has Robert Nozick justified the state?

One can appreciate Anarchy, State and Utopia by Robert Nozick on many levels. Its emphasis on individual freedom is a refreshing change of pace. It questions assumptions that have long been sacrosanct. It puts forth a theory of entitlement which is nothing short of remarkable in this day and age. And most importantly, it is being taken seriously by the press and, hopefully, the establishment philosophers as well.

Volume 1, Number 1 (1977)

The Invisible Hand Strikes Back

Surely one of the most significant occurrences on the intellectual scene during the past few years has been the emergence of a professor of philosophy at Harvard University as an eloquent and forceful spokesman for the doctrine of Libertarianism. Indeed, so much attention and praise has been lately showered upon the man, Robert Nozick, and his National Book-Award-winning treatise, Anarchy, State and Utopia, that all who uphold the doctrine of human liberty have been cheered.

Volume 1, Number 1 (1977)

Robert Nozick and the Immaculate Conception of the State

Robert Nozick’s Anarchy, State, and Utopia (New York: Basic Books, 1974) is an “invisible hand” variant of a Lockean contractarian attempt to justify the State, or at least a minimal State confined to the functions of protection. Beginning with a free-market anarchist state of nature, Nozick portrays the State as emerging, by an invisible hand process that violates no one’s rights, first as a dominant protective agency, then to an “ultra-minimal state,” and then finally to a minimal state.

Volume 1, Number 1 (1977)

Toward a Theory of State Capitalism: Ultimate Decision-Making and Class Structure

This paper represents the initial phase of a larger study which will present the outline of an analytical model of the structure and dynamics of the state capitalist system as it has evolved historically in the US. The model will attempt to synthesize the theoretical insights of Austrian economics and the concrete historical and sociological analysis of both Old Right and New Left critics of the status quo.

Volume 1, Number 1 (1977)

Comments About the Mathematical Treatment of Economic Problems

It is not possible to examine thoroughly the question of the mathematical treatment of economic problems within the frame of a brief essay. Fundamental questions of philosophy and epistemology, impossible to dispose of in a few sentences, would have to be raised. There- fore, only a few points will be presented here and aphoristically discussed. For the rest, we must refer the reader to the books of Cairnes, Boehm-Bawerk, Cuhel, Rickert, and Max Weber and the author’s own writings.

Volume 1, Number 2 (1977)

On Mathematical Thinking in Economics

The interest of scholars in the application of mathematics to the social sciences is particularly lively at the present time. This is especially true in economics, as well as in such allied disciplines as econometrics and economic statistics. And yet, critical works by economists on methodological problems remain rare, as witness the fact that Professor Milton Friedman, in his Essays in Positive Economics (1953), based many of his ideas on John Neville Keynes’ volume of 1891.

Volume 1, Number 2 (1977)

Coase and Demsetz on Private Property Rights

In his seminal work, “The Problem of Social Cost,” Coase held that in cases of private property right disputes involving what have been called externalities, “with costless market transactions, the decision of the courts concerning liability for damage would be without effect on the allocation of resources.” I shall try to show that this view is mistaken because it does not take account of psychic income. I shall then consider what can only be considered immoral implications Demsetz draws from Coase’s view of property.

Volume 1, Number 2 (1977)