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Search found 164 items for:
- “restitution”
Relevance: 5.774103
Wire
Online Publish Date: January 14, 2004
Ilana Mercer has written an interesting, article, The criminal's theoretical enablers. In it, she argues against the left-libertarian notion that punishment should be abolished in favor of restitution. She argues, rather, that restitution should supplement punishment. I would argue that, in reality, it should be the other way around: punishment should supplement restitution. This could be seen as...
Relevance: 4.619411
Library Item
Category: The Journal of Libertarian Studies, Institute Publications
Online Publish Date: July 30, 2014
In recent years a new and powerful critique of our current criminal justice system has been advanced by advocates of a totally new approach to criminal justice. These advocates challenge the current paradigm of criminal justice, which emphasizes punishment of the criminal, and support instead a radically different paradigm, which emphasizes compensation or restitution to the victim for losses...
Relevance: 4.619066
Library Item
Category: The Journal of Libertarian Studies, Institute Publications
Online Publish Date: April 19, 2019
Volume 12, Number 1 (1996)
Murray Rothbard explained that “Few aspects of libertarian political theory are in less satisfactory state than the theory of punishment.” Rothbard certainly advanced this theory significantly, of course, by expounding upon the theory of “proportionality” and explaining the role of restitution in a libertarian society. But as he noted, in a libertarian world “there are...
Relevance: 4.61819
Wire
Online Publish Date: September 4, 2020
Murray Rothbard’s theory of punishment has often been misunderstood. Economists who have written on punishment and mentioned Rothbard find his “double restitution” idea puzzling, because they think about it only in terms of economic efficiency. This isn’t what he has in mind. He is combining economics and moral philosophy.
Many economists reason in this way. Suppose we have a society in which the...
Relevance: 4.61819
Library Item
Category: Friday Philosophy, Institute Publications
Online Publish Date: September 4, 2020
Murray Rothbard’s theory of punishment has often been misunderstood. Economists who have written on punishment and mentioned Rothbard find his “double restitution” idea puzzling, because they think about it only in terms of economic efficiency. This isn’t what he has in mind. He is combining economics and moral philosophy.
Many economists reason in this way. Suppose we have a society in which the...
Relevance: 4.616261
Library Item
Category: ASC 2010, Mises Media, Conferences, Austrian Scholars Conference
Online Publish Date: March 14, 2010
Recorded March 13, 2010, at the Ludwig von Mises Institute in Auburn, Alabama.
Relevance: 4.0455284
Library Item
Category: ASC 2009, Mises Media, Conferences, Austrian Scholars Conference
Online Publish Date: March 27, 2009
Gil Guillory presents Marketing Subscription-Based Patrol and Restitution. From the 2009 ASC Panel: Security and Foreign Policy.
Relevance: 4.0423784
Wire
Online Publish Date: September 20, 2019
[A selection from "Restitution in Theory and Practice" in Volume 12, Number 1 (1996) of the Journal of Libertarian Studies.]
Japan takes restitution very seriously, and it appears to work. A key feature of Japanese culture that apparently underlies the success of restitution is that there is no acceptable excuse for criminal activity. Criminals are expected to acknowledge their guilt, repent, and...
Relevance: 4.04231
Wire
Online Publish Date: February 3, 2009
In, Bryan Caplan's EconLog post Fraud and Punishment, Caplan comes down on the pro property side while Hayekian Will Wilkinson proclaims that "libertarianism is not Rothbardism" and chides Caplan and others for "conflating" the two. Leaving aside this dispute about who should be thrown out of the libertarian "church," I noted a few points made that were worth responding to at length. My comment...
Relevance: 3.4633605
Library Item
Category: Libertarian Papers, Journals, Other Journals
Volume 1, Article 12 (2009)IntroductionSubscription-based patrol and restitution (SPR) services of one type or another were suggested by Molinari (1849), Tannehill and Tannehill (1970), Rothbard (1970), and Friedman (1973). Alternative arrangements have been suggested by Barnett (1998)1 and Murphy (2002).2 Thorough and serious criticism has most notably come from Nozick (1974).Our conception of...
Relevance: 2.889618
Library Item
Category: Audio Mises Wire, Mises Media, Audio Articles, Mises Daily Articles
Online Publish Date: April 23, 2022
A libertarian view of the law by definition means that there can be no immunity from legal consequences. Anything else perverts the very meaning of law.
Original Article: "Sovereign Immunity Is Antilaw: The State Must Make Restitution to Its Victims"
This Audio Mises Wire is generously sponsored by Christopher Condon.
Relevance: 2.8861475
Wire
Online Publish Date: June 6, 2009
The “two teeth for a tooth” view of punishment is espoused by Murray Rothbard (see “Punishment and Proportionality,” in Ethics of Liberty) and Walter Block (see Toward a Libertarian Theory of Guilt and Punishment for the Crime of Statism and Radical Libertarianism: Applying Libertarian Principles to Dealing with the Unjust Government, Parts I & II). Walter received a email recently from a...
Relevance: 2.8857536
Wire
Online Publish Date: April 15, 2022
The doctrine of sovereign immunity1 is the antithesis of libertarianism.2 Immunity from the consequences of its actions makes the state (i.e., those who work for it) so very dangerous. A private party who causes manifest measurable harm to others can be sued, if not prosecuted, for that harm. Sovereign immunity short-circuits this vital feedback mechanism that provides strong incentives to...
Relevance: 0.89357007
Library Item
Category: Mises Daily Articles
Online Publish Date: July 2, 2009
Bernie Madoff will spend the rest of his life in jail. Bernie Madoff stole billions from the customers of his phony investment funds, running a racket rather than a financial service. People who aren't even his victims are furious, and nearly everyone enjoyed a 10-minute sense of vengeance when the judge threw him behind bars for 150 years.Let me weigh in with a contrary view. Free Bernie Madoff...
Relevance: 0.39376253
Wire
Online Publish Date: January 18, 2008
Was it Thomas Aquinas? In his Summa Theologica he writes II-II-62-7:
...persons in authority who are bound to safeguard justice on earth, are bound to restitution, if by their neglect thieves prosper, because their salary is given to them in payment of their preserving justice...
Relevance: 0.31501
Library Item
Category: The Journal of Libertarian Studies, Institute Publications
Online Publish Date: July 30, 2014
In this paper, I argue that Nozick fails to adequately defend the claim that a just state would arise from a Lockean state of nature by a process which need not violate libertarian rights. In particular, I argue that the state-creating processes cited by Nozick are antithetical to the enforcement rights (those rights such as self-defense and the exacting of just restitution) of persons.Volume 21...
Relevance: 0.27563375
Library Item
Category: The Journal of Libertarian Studies, Institute Publications
Online Publish Date: March 1, 1998
No doubt punishment serves many purposes. It can deter crime and prevent the offender from committing further crimes. Punishment can even rehabilitate some criminals, if it is not capital. It can satisfy a victim’s longing for revenge, or his relatives’ desire to avenge. Punishment can also be used as a lever to gain restitution, recompense for some of the damage caused by the crime. For these...
Relevance: 0.24610159
Wire
Online Publish Date: September 6, 2019
Rape, violence, and drugs are ubiquitous in prisons, so it is not surprising that recidivists commit a hugely disproportionate share of crime. Government prisons and so-called private prisons have no incentive to rehabilitate prisoners or improve prison conditions because taxes are their source of revenue, which is guaranteed regardless of performance.
Lawmaking, law enforcement, courts, and...
Relevance: 0.23625751
Library Item
Category: Quarterly Journal of Austrian Economics, Journals, Institute Publications
Volume 2, No. 4 (Winter 1999) The Structure of Liberty is an important new work by one of libertarianism's most significant and thoughtful legal scholars. Its primary substantive deficiency is its over-reliance on the Hayekian knowledge paradigm, but the work nonetheless arrives at the private -property norms that address the more relevant issue of interpersonal conflict. The book is full of...
Relevance: 0.23625751
Wire
Online Publish Date: May 13, 2015
Mises Daily Wednesday by Michael N. Giuliano:The rise of government prosecutors in the US and Britain since the nineteenth century has led to many new forms of prosecutorial abuse and expansive government power. The older tradition of privately-initiated prosecution and restitution may offer a way out.