Author Archives: Mark Friedman

Lindsey’s Epic Fail, Part II

Righting Past Wrongs. Lindsey next takes NRL to task for being indeterminate with respect to the rectification of past injustices. More specifically, he rightly observes that current property holdings are shaped by grave injustices committed against Native Americans, and by wars, slavery, etc. He then erroneously asserts that “radical libertarians today [who shall go unnamed] generally hold that the government should affirm and protect the current pattern of property holdings and that any redistribution of property by government is illegitimate.” Then, he asks, “What gives?” Continue Reading »

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Brink Lindsey’s Epic Failure

Brink Lindsey, a well-known libertarian-minded journalist and VP at the Cato Institute, has recently published an online essay titled “The Poverty of Natural Rights Libertarianism.” His broadside is directed against the “radical” strand of rights-based libertarianism, that he characterizes as holding “only a minimal ‘night-watchman state’ or full-on anarcho-capitalism can satisfy the requirements of justice.” (for ease of reference, I will hereafter refer to this doctrine as “NRL”). His central claim is that NRL “is simply too open-ended, too indeterminate, to bear the burden that radical libertarians expect it to carry. In other words, it is impossible to derive a full-blown, operational legal order from these first principles.” (see his introduction; the essay is not paginated[i]). As I will show below, he makes a number of quite rudimentary errors, thus rendering his critique hopelessly feeble and ineffectual. Continue Reading »

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Libertarianism and Abortion

As promised, here is my reply to Professor Narveson on the subject of libertarianism and the ethics of abortion, just published online in Libertarian Papers. The Abstract for my essay is as follows:

Jan Narveson criticizes the view expressed in my Libertarian Philosophy in the Real World that there is no orthodox libertarian position on the ethics of abortion. He asserts that fetuses lack the defining characteristics of personhood, and thus are ineligible for what he terms “intrinsic” rights under his, and presumably any other, plausible libertarian theory. My counterargument is threefold: (i) Narveson’s contractarianism can be interpreted in a way that is consistent with the pro-life perspective; (ii) because his theory permits no principled distinction between the moral status of third trimester fetuses and newborns, the contrary reading of his social contract produces a result that is implausible and even repellent; and (iii) even if his version of contractarianism does imply a unique, aggressively pro-choice stance on abortion, there are competing libertarian theories that are receptive to pro-life views.

This dialog occurs against the backdrop of Chapter 10 of LPRW, titled “Political Issues for Which There is No Doctrinaire Libertarian Position.” More specifically, I note that there are “dominant views among ‘movement’ libertarians and in the writings of prominent libertarian intellectuals regarding national security, abortion, and immigration.” I then analyze whether “these judgments can be derived from our first principles, or just happen to be the views of a majority of committed libertarians based on a different set of normative judgments, or on controversial empirical assumptions.”  I conclude that the latter supposition is correct.

Had I the space, I might have included intellectual property protection in the mix, but that seemed to me to be a subject of less general interest. In any event, my view is that libertarians (and our doctrine) would benefit if greater attention were paid to demarcating the useful limits of natural rights theory.


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Libertarians and Humanitarian Interventions

There is an interesting debate now underway between two of the moderators of the popular Bleeding Heart Libertarians site, who also happen to be co-authors of a book on the morality of humanitarian military interventions. One author, Professor Teson, takes the view that such intercessions are permissible if they are in support of a just cause; if the harmful consequences of the military strike are proportional to the number of innocent lives at risk; and if the leader(s) authorizing the intervention have soberly and in good faith attempted to calculate the costs and benefits of their actions. Professor van der Vossen, in contrast, holds that the track record of such intercessions is so poor that Teson’s second condition can almost never be satisfied.

This is a timely and well-reasoned debate on an important ethical issue, and certainly worth reading. For the reasons outlined in my comments on the second of van der Vossen’s posts, I side with Teson. However, this piece is directed towards a separate, distinctly libertarian objection to humanitarian interventions. That is, even if we accept that such measures may sometimes satisfy Teson’s conditions, they are still impermissible because financed by coercive means.[1] Continue Reading »

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Libertarianism and Zoning

One reason why libertarianism is such a hard sell is that we have no political experience with any set of institutional arrangements other than the nanny/regulatory/welfare state. Accordingly, it is difficult for voters to imagine how a polity built on laissez faire principles would address the various social problems that may arise in a modern society.  Zoning is a great example. It is ubiquitous, and critics across the ideological spectrum have accused it of causing a wide variety of harms, including housing inflation, environmental degradation, thwarting educational choice, and so on. Yet it endures, with nary a dissenting voice in mainstream politics. Continue Reading »

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First They Came for the Florists…

I have written previously on this blog regarding antidiscrimination laws. I support them when they are employed, like the Civil Rights Act of 1964, to end and then redress gross injustices committed against disfavored minorities. Antidiscrimination laws might at least in theory still be justified if required to protect an affected class. So to take an obvious example, medical professionals serving in emergency rooms must take all comers, providing each with the same level of service and care.

I think there are precious few examples in our present circumstances where such impartial treatment would have to be mandated by law. Instead, as discussed below, our antidiscrimination statutes are now being used to persecute dissenters from the majority’s worldview. They unjustly violate our basic rights of conscience and free association, privileges that belong even to bigots. Continue Reading »

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Jan Narveson on Libertarianism and Abortion

Professor Jan Narveson, a well-respected political philosopher, has written a piece titled “Resolving the Debate on Abortion and Libertarianism” in the journal Libertarian Papers, critiquing my argument in Libertarian Philosophy in the Real World that there is no doctrinaire individualist position on the ethics of abortion. That is to say, that there is no clear-cut logical path from the basic moral principles all (or mostly all) libertarians would affirm, to an aggressive pro-choice stance. I am putting the finishing touches on a reply, which I will forward to the editors of LP, and hope to see it published soon thereafter. At that time, I will cross-post my reply here. In the meantime, if interested, have a look at Narveson’s essay.

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Libertarians and Non-Interventionism, Part IV

I have written three prior posts (here, here, and here) expressing skepticism about non-interventionism, the foreign policy favored by most libertarians. As set forth in these essays, I contend that while non-interventionism is a credible defense strategy, it is not the doctrinaire individualist position and, indeed, that libertarians may reasonably reject it.

Part of the basis for my stance is the obvious potential counter-example presented by WW2. It is non-controversial that in the few years prior to our entry, Roosevelt flouted the principles of armed neutrality, actively and openly assisting the Brits against the Nazis, while coordinating with other Western powers to deny Japan access to the war materials it needed to continue its brutal aggression in East Asia.

Thus, more hawkish libertarians often cite WW2 as a triumph of the interventionist approach, saving the world from conquest by the Axis powers, and thereby sparing countless millions from death or enslavement. There is no denying the aggression of or the massive, unspeakable war crimes committed by Germany and Japan prior to our entry into this war, so non-interventionists wishing to vindicate their preferred policy are driven to formulate “creative” responses. Continue Reading »

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My Response to Dr. Post’s Positive Review of LPRW

As noted in my last post, Libertarian Philosophy in the Real World (“LPRW”) received a favorable review from Dr. Matthew Post in Interpretation: A Journal of Political Philosophy. At the risk of “looking a gift horse in the mouth,” I offer my thoughts here about his comments. As mentioned in my earlier post, this review occurs in connection with the author’s efforts to find a plausible way to justify political liberalism in face of what he regards as the formidable obstacles erected by Richard Rorty. This contemporary philosopher has offered a highly influential critique of all attempts to ground philosophical reasoning, including with respect to politics, in any underlying objective truths or “foundations,” which he regards as disguised appeals to social conventions and practices. See Post, 478-9.  Continue Reading »

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Positive Review of “Libertarian Philosophy in the Real World”

I am delighted to learn that my most recent book received a quite favorable assessment by Matthew Post in his essay, “The Foundations of ‘Our Culture’: A Review of Three Works on Liberalism and Rights,” which appears in Interpretation: A Journal of Political Philosophy 42:3 (Spring 2016), 477-94. Perhaps my favorite part is this:

It would be misleading, however, to suggest that Friedman simply speaks to shared beliefs. He often offers arguments that are remarkably lucid, succinct, and thorough, and he is honest when he does not know how to solve a problem (489).

I will respond in greater depth to Professor Post’s review as soon as I am able. But for the moment I will simply say that, as may be apparent from his title, my humble defense of libertarian rights against the encroachments of the welfare/regulatory state has been swept up in Post’s search for an answer to the much more daunting question of whether it is possible to establish a foundation for liberalism “while avoiding the problems Rorty identified” (492); meaning, roughly, if we give up our traditional notions of knowledge. Thus, while perhaps I am the first philosopher to in history to say this, I am not sure that Post’s praise (although welcome) is entirely justified.

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