The Schism between Individualist and Communist Anarchism in the Nineteenth Century

The image of a bomb-throwing anarchist is a cultural caricature but, as with many caricatures, there is some truth behind it. Certain forms of anarchism—specifically, the strain of nineteenth-century communist anarchism that arose in Russia and Germany— did embrace violence as a political strategy. Other forms of anarchism, however—such as Leo Tolstoi’s Christian anarchism and the indigenously American strain of individualist anarchism—consistently repudiated the use of violence for political ends.

Against Intellectual Property

Are there individual rights to one’s intellectual creations, such as inventions or written works? Should the legal system protect such rights? In this article, I summarize current US law on intellectual property rights. I then survey various libertarian views on IP rights, and present what I consider to be the proper view.

Volume 15, Number 2 (2001)

The Rise and Fall of Jury Nullification

The United States Constitution guarantees the right to trial by jury in both civil and criminal cases. This article will discuss the history of trial by jury as an aid to revealing what the framers and ratifiers of the Constitution meant when they guaranteed that right. In the process, it will also address the following questions: 1. Did the Constitution give juries the right to judge the law as well as the facts?

2. If so, to what extent is this right still recognized?

3. What is the constitutional basis of judicial decisions nullifying that right?

Natural Law, Liberalism, and Christianity

Classical liberalism arose at a time when Christian orthodoxy was still vibrant. Liberalism and Christian orthodoxy, sharing a number of fundamental ideas about the nature of man and of interpersonal relations, presuppose the same moral ontology of natural law. The high tide of Christian orthodoxy and classical liberalism belongs to the era when natural law was the fundamental concept of all serious thought about the human world.

Volume 15, Number 3 (2001)

Constitutional Economics and The Calculus of Consent

James Buchanan and Gordon Tullock are widely credited with creating the Public Choice School. Its main elements include constitutional political economy, an analysis of different voting-rights regimes, and the insight that human beings do not suddenly sprout angel’s wings when they become government bureaucrats (hence, there is government failure as well as market failure). The latter is devoted to an investigation of the premises upon which a legitimate government is predicated, and to an understanding of human and property rights in a constitutional democratic order.

The Role of State Monopoly Capitalism in the American Empire

In 1792, Thomas Paine sounded a cautionary note about the economics of empire:

The most unprofitable of all commerce is that connected with foreign dominion. To a few individuals it may be beneficial, merely because it is commerce; but to the nation it is a loss. The expense of maintaining dominion more than absorbs the profit of any trade.

Had Americans consistently heeded Paine’s advice, the United States might have avoided much of the overseas bloodshed, as well as domestic bureaucratization, which have accompanied the creation of the American empire.

The Great Depression Tax Revolts Revisited

David Beito did a great service for the scholarship of liberty and American history with his rediscovery of the Great Depression-era tax resistance movement. He uncovered evidence of widespread opposition to property taxes across America. However, the anti-tax rebellion declined as quickly as it started, a demise that he attributes to a lack of a “focused ideological program” that could capture the popular anti-tax sentiment of the time. Thus, Beito concludes, this tax resistance movement was a failure.

The American Militia and the Origin of Conscription: A Reassessment

Author’s Introduction: I originally completed this article in 1986, but it appeared only in an obscure, now-defunct (I believe) libertarian publication, Rampart Individualist (Summer 1988). I have long intended to revise it for some more prominent forum, but have never found the time. I offer it again, with only slight stylistic revision, because of the recent public action of Michael A.