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NOTE Introduction to "The Ethics of Liberty"

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As reason tells us, all are born thus naturally equal, that is, with an equal right to their

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persons, so also with an equal right to their preservation.

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And every man having a property in his own person, the labor of his body and the work

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of his hands, are properly his own, to which no one has right but himself.

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It will therefore follow that when he removes anything out of the state that nature has

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provided and left it in, he has mixed his labor with it, and joined something to it

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that is his own, and thereby makes it his property.

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Thus every man having a natural right to, or being proprietor of, his own person and

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his own actions and labor, which we call property, it certainly follows that no man can have

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Introduction by Hans-Hermann Hoppe

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In an age of intellectual hyper-specialization, Murray N. Rothbard was a grand system-builder.

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An economist by profession, Rothbard was the creator of a system of social and political

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philosophy based on economics and ethics as its cornerstones.

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For centuries, economics and ethics, political philosophy, had diverged from their common

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origin into seemingly unrelated intellectual enterprises.

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Economics was a value-free positive science, and ethics, if it was a science at all, was

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a normative science.

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As a result of this separation, the concept of property had increasingly disappeared from

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both disciplines.

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For economists, property sounded too normative, and for political philosophers, property smacked

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of mundane economics.

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Rothbard's unique contribution is the rediscovery of property and property rights as the common

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foundation of both economics and political philosophy, and the systematic reconstruction

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and conceptual integration of modern marginalist economics and natural law political philosophy

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into a unified moral science, libertarianism. Following his revered teacher and mentor Ludwig

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Ludwig von Mises, Mises teachers Eugen von Boehm-Bawerk and Carl Menger, and an intellectual

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tradition reaching back to the Spanish late scholastics and beyond, Rothbardian economics

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sets out from a simple and undeniable fact and experience, a single indisputable axiom,

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that man acts, that is, that humans always and invariably pursue their most highly valued

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and Ends, Goals, with Scarce Means, Goods.

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Combined with a few empirical assumptions, such as that labor implies disutility, all

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of economic theory can be deduced from this incontestable starting point, thereby elevating

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its propositions to the status of apodictic, exact or a priori true empirical laws and

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and Establishing Economics as a Logic of Action, Praxeology.

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Rothbard modeled his first magnum opus, Man Economy and State, on Mises' monumental Human

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Action.

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In it, Rothbard developed the entire body of economic theory, from utility theory and

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the law of marginal utility, to monetary theory and the theory of the business cycle, along

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and Praxeological Lines, subjecting all variants of quantitative, empirical and mathematical

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economics to critique and logical refutation, and repairing the few remaining inconsistencies

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in the Misesian system, such as his theory of monopoly prices and of government and governmental

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security production.

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Rothbard was the first to present the complete case for a pure market economy or private

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and Property Anarchism as Always and Necessarily Optimizing Social Utility.

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In the sequel, Power and Market, Rothbard further developed a typology and analyzed

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the economic effects of every conceivable form of government interference in markets.

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In the meantime, Man Economy and State, including Power and Market as its third volume, has

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has become a modern classic and ranks with Mises' Human Action as one of the towering

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achievements of the Austrian School of Economics.

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Ethics, or more specifically political philosophy, is the second pillar of the Rothbardian system,

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strictly separated from economics but equally grounded in the acting nature of man and complementing

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it to form a unified system of rationalist social philosophy.

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The Ethics of Liberty, originally published in 1982, is Rothbard's second magnum opus.

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In it, he explains the integration of economics and ethics via the joint concept of property,

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and based on the concept of property, and in conjunction with a few general empirical,

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biological and physical observations or assumptions, Rothbard deduces the corpus of libertarian

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and Law, from the Law of Appropriation to that of Contracts and Punishment.

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Even in the finest works of economics, including Mises' Human Action, the concept of property

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had attracted little attention before Rothbard burst onto the intellectual scene with Man

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Economy and State.

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Yet as Rothbard pointed out, such common economic terms as direct and indirect exchange, markets

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and Market Prices, as well as aggression, invasion, crime and fraud, cannot be defined

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or understood without a prior theory of property, nor is it possible to establish the familiar

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economic theorems relating to these phenomena without an implied notion of property and

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property rights.

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A definition and theory of property must precede the definition and establishment of all other

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Economic Terms and Theorems.

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At the time when Rothbard had restored the concept of property to its central position

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within economics, other economists, most notably Ronald Coase, Harold Demsatz and Armin Alkean,

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also began to redirect professional attention to the subject of property and property rights.

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However, the response and the lessons drawn from the simultaneous rediscovery of the centrality

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of the idea of property by Rothbard on the one hand, and Coase, Demsatz and Alkeon on

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the other, were categorically different. The latter, as well as other members of the influential

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Chicago School of Law and Economics, were generally uninterested and unfamiliar with

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philosophy in general, and political philosophy in particular. They unswervingly accepted

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the reigning positivistic dogma that no such thing as rational ethics is possible. Ethics

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was not and could not be a science, and economics was and could be a science only if and in

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so far as it was positive economics. Accordingly, the rediscovery of the indispensable role

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of the idea of property for economic analysis could mean only that the term property had

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had to be stripped of all normative connotations attached to it in everyday non-scientific

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discourse.

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As long as scarcity, and hence potential interpersonal conflict, exists, every society requires a

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well-defined set of property rights assignments.

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But no absolute, universally and eternally correct and proper or false and improper way

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The way of defining or designing a set of property rights exists, and there exists no

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such thing as absolute rights or absolute crimes, but only alternative systems of property

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rights assignments describing different activities as right and wrong. Lacking any absolute ethical

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standards, the choice between alternative systems of property rights assignments will

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will be made, and in cases of interpersonal conflicts, should be made by government judges,

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based on utilitarian considerations and calculations. That is, property rights will be so assigned

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or reassigned that the monetary value of the output produced is thereby maximized, and

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in all cases of conflicting claims, government judges should so assign them.

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Profoundly interested in and familiar with philosophy and the history of ideas, Rothbard

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recognized this response from the outset as just another variant of age-old self-contradictory

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ethical relativism.

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For in claiming ethical questions to be outside the realm of science, and then predicting

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that property rights will be assigned in accordance with utilitarian cost-benefit considerations,

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or should be so assigned by government judges, one is likewise proposing an ethic.

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It is the ethic of statism, in one or both of two forms.

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Either it amounts to a defense of the status quo, whatever it is, on the grounds that lastingly

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existing rules, norms, laws, institutions, etc. must be efficient, as otherwise they

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Rothbard did not dispute the fact that property rights are, and historically have been, assigned

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in various ways, of course, or that the different ways in which they are assigned and reassigned

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have distinctly different economic consequences.

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In fact, his power and market is probably the most comprehensive economic analysis of alternative

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property rights arrangements to be found.

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Nor did he dispute the possibility or importance of monetary calculation and of evaluating

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alternative property rights arrangements in terms of money.

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Indeed, as an outspoken critic of socialism and as a monetary theorist, how could he?

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What Rothbard objected to was the argumentatively unsubstantiated acceptance, on the part of

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Coase and the Chicago Law and Economics tradition, of the positivistic dogma concerning the impossibility

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of a rational ethic, and, by implication, their statism, and their unwillingness to

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even consider the possibility that the concept of property might in fact be an ineradicably

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and the normative concept, which could provide the conceptual basis for a systematic reintegration

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of value-free economics and normative ethics.

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There was little to be found in modern contemporary political philosophy that Rothbard could lean

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on in support of such a contention.

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Owing to the dominance of the positivistic creed, ethics and political philosophy had

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had long disappeared as a science or else degenerated into an analysis of the semantics

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of normative concepts and discourse, and when political philosophy finally made a comeback

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in the early 1970s in the wake of John Rawls and his Theory of Justice, the recognition

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of scarcity as a fundamental human condition and of private property and private property

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Rights as a device for coordinating the actions of individuals constrained by scarcity was

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conspicuously absent. Neither property nor scarcity appeared in Rawls' elaborate index,

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for instance, while equality had several dozen entries. In fact, Rawls, to whom the philosophy

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profession has in the meantime accorded the rank of the premier ethicist of our age, was

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are the prime example of someone completely uninterested in what a human ethic must accomplish.

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That is, to answer the question of what I am permitted to do right now and here, given

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that I cannot not act as long as I am alive and awake, and the means or goods which I

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must employ in order to do so are always scarce, such that there may be interpersonal conflicts

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Regarding Their Use.

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Instead of answering this question, Rawls addressed an altogether different one.

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What rules would be agreed upon as just or fair by parties situated behind a veil of

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ignorance?

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Obviously, the answer to this question depends crucially on the description of the original

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position of parties behind a veil of ignorance.

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How then was this situation defined?

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According to Rawls, behind the veil of ignorance, no one knows his place in society, his class

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position or social status, nor does he know his fortune in the distribution of natural

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assets and abilities, his intelligence and strength and the like.

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It is taken for granted, however, that they know the general facts about human society.

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They understand political affairs and the principles of economic theory.

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They know the basis of social organization and the laws of human psychology.

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While one would think that scarcity ranks among the general facts of society and economic

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theory, Rawls' parties, who supposedly knew about scarcity, were themselves strangely

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unaffected by this condition.

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In Rawls' construction of the original position, there was no recognition of the fact that

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That scarcity must be assumed to exist even here.

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Even in deliberating behind a veil of ignorance, one must still make use of scarce means, at

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least one's physical body and its standing room, that is, labor and land.

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Even before beginning any ethical deliberation, then, in order to make them possible, private

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or exclusive property in bodies and a principle regarding the private or exclusive appropriation

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of standing room must already be presupposed.

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In distinct contrast to this general fact of human nature, Rawls' moral parties were

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unconstrained by scarcities of any kind, and hence did not qualify as actual humans but

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as free-floating wraiths or disembodied somnambulists.

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Such beings, Rawls concluded, cannot but acknowledge as the first principle of justice, one requiring

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an equal distribution of all resources.

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Indeed, this principle is so obvious that we would expect it to occur to anyone immediately.

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True, for if it is assumed that moral parties are not human actors, but disembodied entities,

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the notion of private property must indeed appear strange.

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As Rawls admitted with captivating frankness, he had simply defined the original position

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so that we get the desired result.

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Rawls' imaginary parties had no resemblance whatsoever with human beings, but were epistemological

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somnambulists.

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Accordingly, his socialist-egalitarian theory of justice does not qualify as a human ethic,

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but something else entirely.

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If anything useful could be found in Rawls in particular and contemporary political philosophy

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in general, it was only the continued recognition of the age-old universalization principle

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contained in the so-called Golden Rule as well as in the Kantian Categorical Imperative,

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that all rules aspiring to the rank of just rules must be general rules, applicable and

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and valid for everyone without exception.

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Rothbard sought and found support for his contention regarding the possibility of a

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rational ethic and the reintegration of ethics and economics based on the notion of private

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property in the works of the late scholastics and, in their footsteps, such modern natural

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rights theorists as Grotius, Pufendorf and Locke.

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Building upon their work, in The Ethics of Liberty, Rothbard gives the following answer

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to the question of what I am justified doing here and now.

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Every person owns his own physical body, as well as all nature-given goods which he puts

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to use with the help of his body before anyone else does.

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This ownership implies his right to employ these resources as one sees fit, so long as

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as one does not thereby uninvitedly change the physical integrity of another's property

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or delimit another's control over it without his consent.

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In particular, once a good has been first appropriated or homesteaded by mixing one's

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labor with it, Locke's phrase, then ownership of it can only be acquired by means of a voluntary

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a contractual transfer of its property title from a previous to a later owner.

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These rights are absolute.

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Any infringement on them is subject to lawful prosecution by the victim of this infringement,

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or his agent, and is actionable in accordance with the principles of strict liability and

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the proportionality of punishment.

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Taking his cues from the very same sources, Rothbard then offered this ultimate proof

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for these rules as just rules.

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If a person, A, were not the owner of his physical body and all goods originally appropriated,

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produced or voluntarily acquired by him, there would only exist two alternatives.

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Either another person, B, must then be regarded as the owner of A and the goods appropriated,

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Produced or contractually acquired by A, or both parties, A and B, must be regarded as

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equal co-owners of both bodies and goods.

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In the first case, A would be B's slave, and subject to exploitation. B would own A,

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and the goods originally appropriated, produced or acquired by A. But A would not own B, and

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and the goods homesteaded, produced or acquired by B.

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With this rule, two distinct classes of people would be created—exploitors, B, and exploited,

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A, to whom different law would apply.

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Hence this rule fails the universalization test, and is from the outset disqualified as

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even a potential human ethic, for in order to be able to claim a rule to be a law, just,

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It is necessary that such a rule be universally, equally valid for everyone.

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In the second case of universal co-ownership, the requirement of equal rights for everyone

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is obviously fulfilled.

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Yet this alternative suffers from another fatal flaw.

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For each activity of a person requires the employment of scarce goods, at least his body

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and its standing room.

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If all goods were the collective property of everyone, then no one, at any time and in

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any place, could ever do anything with anything, unless he had every other co-owner's prior

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permission to do what he wanted to do.

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And how can one give such a permission if one is not even the sole owner of one's very

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own body and vocal cords?

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If one were to follow the rule of total collective ownership, mankind would die out instantly.

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Whatever this is, it is not a human ethic, either.

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Thus one is left with the initial principles of self-ownership and first use, first own,

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that is, original appropriation, homesteading.

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They pass the universalization test, they hold for everyone equally, and they can at

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Rothbard did not claim that these fundamental principles of just conduct or proper action

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were new or his own discovery, of course.

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Equipped with near-encyclopedic knowledge ranging over the entire field of the sciences

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as of man, he knew that at least as far as the social sciences are concerned, there is

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little new under the sun.

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In the fields of ethics and economics in particular, which form the cornerstones of the Rothbardian

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system and which are concerned with non-hypothetical truths, it must be expected that most of our

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knowledge consists of old, long ago discovered insights.

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Newly discovered non-hypothetical truths, even if not impossible, should be expected

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to be rare intellectual events, and the newer they are, the more suspect they are.

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It must be expected that most non-hypothetical truths already have been discovered and learned

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long ago, and merely need to be rediscovered and relearned by every successive generation.

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But it also should be expected that scientific progress in ethics and economics, as in other

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disciplines concerned with non-hypothetical propositions and relations such as philosophy,

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logic and mathematics, will usually be extremely slow and painstaking.

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The danger is not that a new generation of intellectuals cannot add anything new or better

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to the stock of knowledge inherited from the past, but rather that it will not, or only

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incompletely, relearn whatever knowledge already exists, and will fall into old errors instead.

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Accordingly, Rothbard saw himself in the role of a political philosopher as well as an economist,

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essentially as a preserver and defender of old inherited truths, and his claim to originality,

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like that of Mises, was one of utmost modesty. Like Mises, his achievement was to hold on

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to and restate long ago established insights and repair a few errors within a fundamentally

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complete intellectual edifice. Yet this, as Rothbard knew well, was in fact the rarest

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and highest possible intellectual achievement. For, as Mises once remarked about economics,

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which holds equally true for ethics.

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There never lived at the same time more than a score of men whose work contributed anything

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essential to economics.

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Rothbard was one of those rare individuals who did contribute to ethics as well as economics.

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This is illustrated in The Ethics of Liberty.

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All elements and principles, every concept, analytical tool and logical procedure of Rothbard's

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Rothbard's private property ethic are admittedly old and familiar.

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Even primitives and children intuitively understand the moral validity of the principle of self-ownership

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and original appropriation.

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And indeed, the list of Rothbard's acknowledged intellectual predecessors goes back to antiquity.

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Yet it is difficult to find anyone who has stated a theory with greater ease and clarity

256
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than Rothbard.

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More importantly, due to the sharpened methodological awareness derived from his intimate familiarity

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with the praxeological, axiomatic, deductive method, Rothbard was able to provide more

259
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rigorous proof of the moral intuitions of self-ownership and original appropriation

260
00:25:27.240 --> 00:25:33.760
as ultimate ethical principles or axioms, and develop a more systematic, comprehensive

261
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and Consistent Ethical Doctrine or Law Code Than Anyone Before Him.

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Hence the ethics of liberty represents a close realization of the age-old desideratum of

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rationalist philosophy, of providing mankind with an ethic which, as Hugo Grotius demanded

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more than 300 years ago, even the will of an omnipotent being cannot change or abrogate,

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and which would maintain its objective validity even if we should assume, per impossibile,

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that there is no god or that he does not care for human affairs.

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When the Ethics of Liberty appeared in 1982, it initially attracted only a little attention

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in academia.

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Two factors were responsible for this neglect.

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First, there were the anarchistic implications of Rothbard's theory, and his argument that

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that the institution of government, the state, is incompatible with the fundamental principles

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of justice.

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As defined by Rothbard, a state is an organization which possesses either or both, in actual

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fact almost always both, of the following characteristics.

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A. It acquires its revenue by physical coercion, taxation, and B. It achieves a compulsory

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is a monopoly of force and of ultimate decision-making power over a given territorial area.

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Both of these essential activities of the State necessarily constitute criminal aggression

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and depredation of the just rights of private property of its subjects, including self-ownership.

279
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For the first, constitutes and establishes theft on a grand scale, while the second prohibits

280
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It's the free competition of defense and decision-making agencies within a given territorial area,

281
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prohibiting the voluntary purchase and sale of defense and judicial services.

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Without justice, Rothbard concluded, as St. Augustine had before him, the state was nothing

283
00:27:39.360 --> 00:27:42.840
but a band of robbers.

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Rothbard's anarchism was not the sort of anarchism that his teacher and mentor Mises had rejected

285
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as hopelessly naive, of course.

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00:27:51.480 --> 00:27:56.880
The anarchists, Mises had written, contend that a social order in which nobody enjoys

287
00:27:56.880 --> 00:28:03.600
privileges at the expense of his fellow citizens could exist without any compulsion and coercion

288
00:28:03.600 --> 00:28:08.000
for the prevention of action detrimental to society.

289
00:28:08.000 --> 00:28:13.820
The anarchists overlook the undeniable fact that some people are either too narrow-minded

290
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or too weak to adjust themselves spontaneously to the conditions of social life.

291
00:28:20.060 --> 00:28:26.080
An anarchistic society would be exposed to the mercy of every individual.

292
00:28:26.080 --> 00:28:32.100
Society cannot exist if the majority is not ready to hinder, by the application or threat

293
00:28:32.100 --> 00:28:37.900
of violent action, minorities from destroying the social order.

294
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Indeed, Rothbard wholeheartedly agreed with Mises that without resort to compulsion the

295
00:28:44.800 --> 00:28:50.300
existence of society would be endangered, and that behind the rules of conduct whose

296
00:28:50.300 --> 00:28:56.180
observance is necessary to assure peaceful human cooperation must stand the threat of

297
00:28:56.180 --> 00:29:02.420
force if the whole edifice of society is not to be continually at the mercy of any one

298
00:29:02.420 --> 00:29:04.580
of its members.

299
00:29:04.580 --> 00:29:11.020
One must be in a position to compel a person who will not respect the lives, health, personal

300
00:29:11.020 --> 00:29:18.780
freedom or private property of others to acquiesce in the rules of life in society.

301
00:29:18.780 --> 00:29:24.340
Inspired in particular by the 19th century American anarchist political theorists Lysander

302
00:29:24.340 --> 00:29:31.300
Spooner and Benjamin Tucker, and the Belgian economist Gustave de Molinari, from the outset

303
00:29:31.300 --> 00:29:37.860
Rothbard's anarchism took it for granted that there will always be murderers, thieves, thugs,

304
00:29:37.860 --> 00:29:44.660
con artists, etc., and that life in society would be impossible if they were not punished by physical

305
00:29:44.660 --> 00:29:52.020
force. As a reflection of this fundamental realism, anti-utopianism, of his private property

306
00:29:52.020 --> 00:29:58.580
anarchism, Rothbard, unlike most contemporary political philosophers, accorded central

307
00:29:58.580 --> 00:30:17.580
No one can be said to be the owner of something if he is not permitted to defend his property by physical violence against possible invaders and invasions.

308
00:30:17.580 --> 00:30:23.580
Would, Rothbard asked, somebody be allowed to take the law into his own hands?

309
00:30:23.580 --> 00:30:29.120
Questions? Would the victim or a friend of the victim be allowed to exact justice personally

310
00:30:29.120 --> 00:30:35.460
on the criminal? And he answered, Of course, yes, since all rights of punishment derive

311
00:30:35.460 --> 00:30:41.340
from the victim's right of self-defense. Hence the question is not whether or not evil

312
00:30:41.340 --> 00:30:47.700
and aggression exist, but how to deal with its existence justly and efficiently, and

313
00:30:47.700 --> 00:30:52.820
it is only in the answer to this question that Rothbard reaches conclusions which qualify

314
00:30:52.820 --> 00:31:08.820
The classical liberal answer from the American Declaration of Independence to Mises was to assign the indispensable task of protecting life, liberty and property to government as its sole function.

315
00:31:08.820 --> 00:31:21.820
Rothbard rejected this conclusion as a non sequitur, if government was defined by its power to tax and ultimate decision-making, territorial monopoly of jurisdiction.

316
00:31:21.820 --> 00:31:36.820
Private property ownership, as the result of acts of original appropriation, production or exchange from prior to later owner, implies the owner's right to exclusive jurisdiction regarding his property.

317
00:31:36.820 --> 00:31:50.820
In fact, it is the very purpose of private property to establish physically separate domains of exclusive jurisdiction, so as to avoid possible conflicts concerning the use of scarce resources.

318
00:31:50.820 --> 00:32:09.820
No private property owner can possibly surrender his right to ultimate jurisdiction over and physical defense of his property to someone else, unless he sold or otherwise transferred his property, in which case someone else would have exclusive jurisdiction over it.

319
00:32:09.820 --> 00:32:17.820
That is, so long as something has not been abandoned, its owner must be presumed to retain these rights.

320
00:32:17.820 --> 00:32:34.820
As far as his relations to others are concerned, every property owner may further partake of the advantages of the division of labor and seek better and improved protection of his unalterable rights through cooperation with other owners and their property.

321
00:32:34.820 --> 00:32:46.820
Every property owner may buy from, sell to or otherwise contract with anyone else concerning supplemental property protection and security products and services.

322
00:32:46.820 --> 00:32:58.820
Yet every property owner may also, at any time, unilaterally discontinue any such cooperation with others, or change his respective affiliations.

323
00:32:58.820 --> 00:33:10.820
Hence, in order to satisfy the demand for protection and security among private property owners, it is permissible and possible that there will be specialized firms or agencies

324
00:33:10.820 --> 00:33:17.420
Providing Protection, Insurance and Arbitration Services for a Fee to Voluntarily Buying or

325
00:33:17.420 --> 00:33:20.080
Not Buying Clients.

326
00:33:20.080 --> 00:33:27.460
It is impermissible, however, for any such firm or agency to compel anyone to come exclusively

327
00:33:27.460 --> 00:33:35.380
to it for protection, or to bar any other agency from likewise offering protection services.

328
00:33:35.380 --> 00:33:42.380
That is, no protection agency may be funded by taxes or exempted from competition.

329
00:33:42.380 --> 00:33:44.580
Free entry.

330
00:33:44.580 --> 00:33:51.720
In distinct contrast, a territorial monopoly of protection and jurisdiction, a state, rests

331
00:33:51.720 --> 00:33:57.820
from the outset on an impermissible act of expropriation, and it provides the monopolist

332
00:33:57.820 --> 00:34:02.100
and his agents with a license to further expropriation.

333
00:34:02.100 --> 00:34:03.660
Taxation.

334
00:34:03.660 --> 00:34:09.780
It implies that every property owner is prohibited from discontinuing his cooperation with his

335
00:34:09.780 --> 00:34:16.300
supposed protector, and that no one except the monopolist may exercise ultimate jurisdiction

336
00:34:16.300 --> 00:34:18.540
over his own property.

337
00:34:18.540 --> 00:34:24.660
Rather, everyone except the monopolist has lost his right to physical protection and

338
00:34:24.660 --> 00:34:30.900
defense against possible invasion by the State, and is thus rendered defenseless vis-à-vis

339
00:34:30.900 --> 00:34:33.900
and the actions of his own alleged protector.

340
00:34:33.900 --> 00:34:43.900
Consequently, the price of justice and protection will continually rise and the quality of justice and protection will continually fall.

341
00:34:43.900 --> 00:34:50.900
A tax-funded protection agency is a contradiction in terms, an invasive protector,

342
00:34:50.900 --> 00:34:57.900
and will, if permitted, lead to increasingly more taxes and ever less protection.

343
00:34:57.900 --> 00:35:05.460
Likewise, the existence of a judicial monopoly will lead to a steady deterioration of justice.

344
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For if no one can appeal for justice except to the state and its courts and judges, justice

345
00:35:11.780 --> 00:35:18.140
will be constantly perverted in favor of the state until the idea of immutable laws of

346
00:35:18.140 --> 00:35:24.440
human conduct ultimately disappears and is replaced with the idea of law as positive

347
00:35:24.440 --> 00:35:28.680
State-Made Legislation.

348
00:35:28.680 --> 00:35:33.760
Based on this analysis, Rothbard considered the classical liberal solution to the fundamental

349
00:35:33.760 --> 00:35:41.000
human problem of protection of a minimal or night-watchman state or an otherwise constitutionally

350
00:35:41.000 --> 00:35:46.980
limited government as a hopelessly confused and naive idea.

351
00:35:46.980 --> 00:35:52.940
Every minimal state has the inherent tendency to become a maximal state, for once an agency

352
00:35:52.940 --> 00:35:59.200
is permitted to collect any taxes, however small and for whatever purpose, it will naturally

353
00:35:59.200 --> 00:36:05.540
tend to employ its current tax revenue for the collection of ever more future taxes,

354
00:36:05.540 --> 00:36:08.780
for the same and or other purposes.

355
00:36:08.780 --> 00:36:16.260
Similarly, once an agency possesses any judiciary monopoly, it will naturally tend to employ

356
00:36:16.260 --> 00:36:22.900
this privileged position for the further expansion of its range of jurisdiction.

357
00:36:22.900 --> 00:36:29.460
Limitations, after all, are state constitutions, and whatever limitations they may contain,

358
00:36:29.460 --> 00:36:36.540
what is or is not constitutional, is determined by state courts and judges.

359
00:36:36.540 --> 00:36:43.380
Hence there is no other possible way of limiting state power except by eliminating the state

360
00:36:43.380 --> 00:36:49.820
altogether, and, in accordance with justice and economics, establishing a free market

361
00:36:49.820 --> 00:36:57.100
and Protection and Security Services. Naturally, Rothbard's anarchism appeared threatening

362
00:36:57.100 --> 00:37:03.860
to all statists, and his right-wing, that is, private property anarchism in particular,

363
00:37:03.860 --> 00:37:09.780
could not but offend socialists of all stripes. However, his anarchistic conclusions were

364
00:37:09.780 --> 00:37:16.260
not sufficient to explain the neglect of the ethics of liberty by academia. Rothbard's

365
00:37:16.260 --> 00:37:21.700
His first handicap was compounded by an even weightier one.

366
00:37:21.700 --> 00:37:29.140
Not only had he come to unorthodox conclusions, worse, he had reached them by pre-modern intellectual

367
00:37:29.140 --> 00:37:30.640
means.

368
00:37:30.640 --> 00:37:37.220
Instead of suggesting, hypothesizing, pondering or puzzling, Rothbard had offered axiomatic

369
00:37:37.220 --> 00:37:40.620
deductive arguments and proofs.

370
00:37:40.620 --> 00:37:46.540
In the age of democratic egalitarianism and ethical relativism, this constituted the ultimate

371
00:37:46.540 --> 00:37:54.080
academic sin, intellectual absolutism, extremism and intolerance.

372
00:37:54.080 --> 00:37:59.100
The importance of this second methodological factor can be illustrated by contrasting the

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00:37:59.100 --> 00:38:04.620
reception accorded to Rothbard's The Ethics of Liberty on the one hand, and Robert Nozick's

374
00:38:04.620 --> 00:38:09.180
Anarchy, State and Utopia on the other.

375
00:38:09.180 --> 00:38:16.980
This book appeared in 1974, three years after the publication of Rawls' A Theory of Justice.

376
00:38:16.980 --> 00:38:22.220
Almost overnight, Nozick was internationally famous, and to this day in the field of political

377
00:38:22.220 --> 00:38:28.620
philosophy, anarchy, state and utopia ranks probably second only to Rawls' book in terms

378
00:38:28.620 --> 00:38:31.580
of academic recognition.

379
00:38:31.580 --> 00:38:35.900
Yet while Rawls was a socialist, Nozick was a libertarian.

380
00:38:35.900 --> 00:38:42.620
In fact, Nozick was heavily influenced by Rothbard. He had read Rothbard's earlier Man Economy

381
00:38:42.620 --> 00:38:48.200
and State, Power and Market, and For a New Liberty, and in the acknowledgments to his

382
00:38:48.200 --> 00:38:54.180
book he noted that it was a long conversation about six years ago with Murray Rothbard that

383
00:38:54.180 --> 00:38:58.920
stimulated my interest in individualist anarchist theory.

384
00:38:58.920 --> 00:39:04.100
To be sure, the conclusions arrived at by Nozick were less radical than those proposed

385
00:39:04.100 --> 00:39:06.300
by Rothbard.

386
00:39:06.300 --> 00:39:11.660
Rather than reaching anarchistic conclusions, Nozick's main conclusions about the state

387
00:39:11.660 --> 00:39:17.220
are that the minimal state, limited to the narrow functions of protection against force,

388
00:39:17.220 --> 00:39:24.140
theft, fraud, enforcement of contracts and so on, is justified, that any more extensive

389
00:39:24.140 --> 00:39:31.620
state will violate persons' rights not to be forced to do certain things, and is unjustified,

390
00:39:31.620 --> 00:39:35.820
and that the minimal state is inspiring as well as right.

391
00:39:35.820 --> 00:39:41.560
Nonetheless, in claiming that the state may not use its coercive apparatus for the purpose

392
00:39:41.560 --> 00:39:47.300
of getting some citizens to aid others, or in order to prohibit activities to people

393
00:39:47.300 --> 00:39:55.340
for their own good or protection, even Nozick's conclusions placed him far outside the political-philosophical

394
00:39:55.340 --> 00:39:57.220
mainstream.

395
00:39:57.220 --> 00:40:03.700
Why then, in distinct contrast to the long-lasting neglect of Rothbard's libertarian The Ethics

396
00:40:03.700 --> 00:40:10.220
of Liberty, the stupendous academic success of Nozick's libertarian Anarchy, State and

397
00:40:10.220 --> 00:40:11.940
Utopia?

398
00:40:11.940 --> 00:40:16.300
The answer is method and style.

399
00:40:16.300 --> 00:40:19.540
Rothbard was above all a systematic thinker.

400
00:40:19.540 --> 00:40:25.420
He set out from the most elementary human situation and problem, Crusoe ethics, and

401
00:40:25.420 --> 00:40:31.780
then proceeded painstakingly, justifying and proving each step and argument along the way

402
00:40:31.780 --> 00:40:37.420
to increasingly more complex and complicated situations and problems.

403
00:40:37.420 --> 00:40:42.920
Moreover, his prose was characterized by unrivaled clarity.

404
00:40:42.920 --> 00:40:49.220
In distinct contrast, Nozick was a modern, unsystematic, associationist or even impressionistic

405
00:40:49.220 --> 00:40:53.820
thinker, and his prose was difficult and unclear.

406
00:40:53.820 --> 00:40:59.040
Ludwig was explicit about his own method. His writing, he stated, was in the mode of

407
00:40:59.040 --> 00:41:06.380
much contemporary philosophical work in epistemology and metaphysics. There are elaborate arguments,

408
00:41:06.380 --> 00:41:13.100
claims rebutted by unlikely counter-examples, surprising theses, puzzles, abstract structural

409
00:41:13.100 --> 00:41:19.700
conditions, challenges to find another theory which fits a specified range of cases, startling

410
00:41:19.700 --> 00:41:22.800
and Conclusions and so on.

411
00:41:22.800 --> 00:41:27.360
One view about how to write a philosophy book holds that an author should think through

412
00:41:27.360 --> 00:41:33.400
all of the details of the view he presents and its problems, polishing and refining his

413
00:41:33.400 --> 00:41:39.080
view to present to the world a finished, complete and elegant whole.

414
00:41:39.080 --> 00:41:41.900
This is not my view.

415
00:41:41.900 --> 00:41:47.440
At any rate, I believe that there also is a place and a function in our ongoing intellectual

416
00:41:47.440 --> 00:42:11.000
Methodologically, then, Nozick and Rothbard were poles apart.

417
00:42:11.000 --> 00:42:17.240
But why would Nozick's unsystematic ethical explorations find so much more resonance in

418
00:42:17.240 --> 00:42:23.400
in Academia than Rothbard's systematic ethical treatise, especially when their conclusions

419
00:42:23.400 --> 00:42:27.040
appeared to be largely congruent.

420
00:42:27.040 --> 00:42:31.920
Nozick touched upon the answer when he expressed the hope that his method makes for intellectual

421
00:42:31.920 --> 00:42:34.320
interest and excitement.

422
00:42:34.320 --> 00:42:37.340
But this was at best half of the answer.

423
00:42:37.340 --> 00:42:42.240
For Rothbard's The Ethics of Liberty, too, was an eminently interesting and exciting

424
00:42:42.240 --> 00:42:48.560
book, full of examples, cases and scenarios from the full range of everyday experiences

425
00:42:48.560 --> 00:42:55.160
to extreme lifeboat situations, spiced with many surprising conclusions and above all

426
00:42:55.160 --> 00:43:01.360
solutions instead of merely suggestions to problems and puzzles.

427
00:43:01.360 --> 00:43:07.240
Nozick's method rather made for interest and excitement of a particular kind.

428
00:43:07.240 --> 00:43:12.560
Rothbard's The Ethics of Liberty consisted essentially of one successively and systematically

429
00:43:12.560 --> 00:43:19.160
drawn out and elaborated argument, and thus required the long sustained attention of its

430
00:43:19.160 --> 00:43:20.160
reader.

431
00:43:20.160 --> 00:43:25.600
However, a reader of Rothbard's book could possibly get so excited that he would not

432
00:43:25.600 --> 00:43:29.000
want to put it down until he had finished it.

433
00:43:29.000 --> 00:43:35.140
The excitement caused by Anarchy, State and Utopia was of a very different kind.

434
00:43:35.140 --> 00:43:40.940
The book was a series of dozens of disparate or loosely jointed arguments, conjectures,

435
00:43:40.940 --> 00:43:48.660
puzzles, counter-examples, experiments, paradoxes, surprising turns, startling twists, intellectual

436
00:43:48.660 --> 00:43:54.540
flashes and philosophical razzle-dazzle, and thus required only short and intermittent

437
00:43:54.540 --> 00:43:56.940
attention of its reader.

438
00:43:56.940 --> 00:44:02.420
At the same time, few if any readers of Nozick's book likely will have felt the urge to read

439
00:44:02.420 --> 00:44:04.060
it straight through.

440
00:44:04.060 --> 00:44:09.880
Instead, reading Nozick was characteristically done unsystematically and intermittently

441
00:44:09.880 --> 00:44:11.980
in bits and pieces.

442
00:44:11.980 --> 00:44:16.600
The excitement stirred by Nozick was intense, short and fleeting.

443
00:44:16.600 --> 00:44:22.220
And the success of anarchy, state and utopia was due to the fact that at all times, and

444
00:44:22.220 --> 00:44:28.780
especially under democratic conditions, there are far more high-time-preference intellectuals,

445
00:44:28.780 --> 00:44:41.180
In his subsequent book, Philosophical Explanations, Nozick further confirmed this judgment.

446
00:44:41.180 --> 00:44:42.180
There he wrote,

447
00:44:42.180 --> 00:44:50.020
I, too, seek an unreadable book, urgent thoughts to grapple with in agitation and excitement,

448
00:44:50.020 --> 00:44:57.540
revelations to be transformed by or to transform, a book incapable of being read straight through,

449
00:44:57.540 --> 00:45:04.680
A book even to bring reading to stop? I have not found that book or attempted it. Still,

450
00:45:04.680 --> 00:45:09.980
I wrote and thought in awareness of it, in the hope that this book would bask in its

451
00:45:09.980 --> 00:45:17.220
light. At no point is the reader forced to accept anything. He moves along gently, exploring

452
00:45:17.220 --> 00:45:23.380
his own and the author's thoughts. He explores together with the author, moving only where

453
00:45:23.380 --> 00:45:25.380
The Theory of Money and Credit

454
00:45:53.380 --> 00:45:59.140
If they are correct, I do not think it important for me to believe them correct, either.

455
00:45:59.140 --> 00:46:04.760
Still I do believe and hope you will find it so, that these proposed explanations are

456
00:46:04.760 --> 00:46:09.780
illuminating and worth considering, that they are worth surpassing.

457
00:46:09.780 --> 00:46:16.280
Also that the process of seeking and elaborating explanations, being open to new possibilities,

458
00:46:16.280 --> 00:46:22.880
the new wanderings and wanderings, the free exploration, is itself a delight.

459
00:46:22.880 --> 00:46:27.760
Can any pleasure compare to that of a new idea, a new question?

460
00:46:27.760 --> 00:46:33.740
There is sexual experience, of course, not dissimilar with its own playfulness and possibilities,

461
00:46:33.740 --> 00:46:39.880
its focused freedom, its depth, its sharp pleasures and its gentle ones, its ecstasies.

462
00:46:39.880 --> 00:46:42.920
What is the mind's excitement and sensuality?

463
00:46:42.920 --> 00:46:44.360
What is orgasm?

464
00:46:44.360 --> 00:46:50.320
Whatever, it unfortunately will frighten and offend the Puritans of the mind.

465
00:46:50.320 --> 00:46:58.640
Do the two puritanisms share a common root, even as it expands others and brings them joy?

466
00:46:58.640 --> 00:47:04.720
Despite his politically incorrect conclusions, Nozick's libertarianism was deemed respectable

467
00:47:04.720 --> 00:47:11.620
by the academic masses and elicited countless comments and replies because it was methodologically

468
00:47:11.620 --> 00:47:13.620
non-committal.

469
00:47:13.620 --> 00:47:20.300
That is, Nozick did not claim that his libertarian conclusions proved anything.

470
00:47:20.300 --> 00:47:25.940
Even though one would think that ethics is and must be an eminently practical intellectual

471
00:47:25.940 --> 00:47:33.140
subject, Nozick did not claim that his ethical explorations had any practical implications.

472
00:47:33.140 --> 00:47:39.900
They were meant to be nothing more than fascinating, entertaining or suggestive intellectual play.

473
00:47:39.900 --> 00:47:45.620
As such, libertarianism posed no threat to the predominantly social-democratic intellectual

474
00:47:45.620 --> 00:47:47.740
class.

475
00:47:47.740 --> 00:47:54.420
On account of his unsystematic method, his philosophical pluralism, Nozick was tolerant

476
00:47:54.420 --> 00:48:01.440
vis-à-vis the intellectual establishment, his anti-establishment conclusions notwithstanding.

477
00:48:01.440 --> 00:48:07.440
He did not insist that his libertarian conclusions were correct, and, for instance, socialist

478
00:48:07.440 --> 00:48:13.700
conclusions were false, and accordingly demand their instant practical implementation, that

479
00:48:13.700 --> 00:48:19.020
That is, the immediate abolition of the social democratic welfare state, including all of

480
00:48:19.020 --> 00:48:22.460
public tax-funded education and research.

481
00:48:22.460 --> 00:48:29.900
Rather, Nozick's libertarianism was and claimed to be no more than just an interesting thought.

482
00:48:29.900 --> 00:48:35.100
He did not mean to do any real harm to the ideas of his socialist opponents.

483
00:48:35.100 --> 00:48:40.200
He only wanted to throw an interesting idea into the democratic, open-ended intellectual

484
00:48:40.200 --> 00:48:56.520
Following the publication of Anarchy, State and Utopia, Nozick took even further steps

485
00:48:56.520 --> 00:49:00.280
to establish his reputation as tolerant.

486
00:49:00.280 --> 00:49:06.000
He never replied to the countless comments and criticisms of his book, including Rothbard's,

487
00:49:06.000 --> 00:49:09.300
which forms chapter 29 of this book.

488
00:49:09.300 --> 00:49:14.660
Nozick confirmed that he took his non-committal method seriously, for why, indeed, should

489
00:49:14.660 --> 00:49:19.760
anyone reply to his critics if he were not committed to the correctness of his own views

490
00:49:19.760 --> 00:49:21.400
in the first place?

491
00:49:21.400 --> 00:49:27.640
Moreover, in his subsequent book, Philosophical Explanations, Nozick removed all remaining

492
00:49:27.640 --> 00:49:31.960
doubts as to his supposed non-extremist tolerance.

493
00:49:31.960 --> 00:49:38.420
He went further than merely restating his commitment to the methodological non-committal.

494
00:49:38.420 --> 00:49:43.540
So don't look here for a knockdown argument that there is something wrong with knockdown

495
00:49:43.540 --> 00:49:48.260
arguments, for the knockdown argument to end all knockdown arguing.

496
00:49:48.260 --> 00:49:53.860
It will not do to argue you into the conclusion, even in order to reduce the total amount of

497
00:49:53.860 --> 00:50:00.140
presentation of argument, nor may I hint that I possess the knockdown argument yet will not

498
00:50:00.140 --> 00:50:01.900
present it.

499
00:50:01.900 --> 00:50:13.900
Further, in a truly startling twist, Nozick went on to say that the use of knockdown arguments even constituted coercion and was hence morally offensive.

500
00:50:13.900 --> 00:50:24.900
The terminology of philosophical art is coercive. Arguments are powerful and best when they are knocked down. Arguments force you to a conclusion.

501
00:50:24.900 --> 00:50:30.620
If you believe the premises, you have to or must believe the conclusion.

502
00:50:30.620 --> 00:50:34.820
Some arguments do not carry much punch, and so forth.

503
00:50:34.820 --> 00:50:39.180
A philosophical argument is an attempt to get someone to believe something, whether

504
00:50:39.180 --> 00:50:41.420
he wants to believe it or not.

505
00:50:41.420 --> 00:50:47.780
A successful philosophical argument, a strong argument, forces someone to a belief.

506
00:50:47.780 --> 00:50:52.500
Why are philosophers intent on forcing others to believe things?

507
00:50:52.500 --> 00:50:55.700
Is that a nice way to behave towards someone?

508
00:50:55.700 --> 00:50:59.220
I think we cannot improve people that way.

509
00:50:59.220 --> 00:51:03.980
Philosophical argument, trying to get someone to believe something whether he wants to believe

510
00:51:03.980 --> 00:51:09.820
it or not, is not, I have held, a nice way to behave towards someone.

511
00:51:09.820 --> 00:51:16.060
Also, it does not fit the original motivation for studying or entering philosophy.

512
00:51:16.060 --> 00:51:22.240
That motivation is puzzlement, curiosity, a desire to understand, not a desire to produce

513
00:51:22.240 --> 00:51:24.920
Uniformity of Belief.

514
00:51:24.920 --> 00:51:28.060
Most people do not want to become thought police.

515
00:51:28.060 --> 00:51:34.160
The philosophical goal of explanation rather than proof not only is morally better, it

516
00:51:34.160 --> 00:51:37.760
is more in accord with one's philosophical motivation.

517
00:51:37.760 --> 00:51:42.340
Also, it changes how one proceeds philosophically.

518
00:51:42.340 --> 00:51:47.800
At the macro level, it leads away from constructing the philosophical tower.

519
00:51:47.800 --> 00:51:55.280
At the micro level, it alters which philosophical moves are legitimate at various points.

520
00:51:55.280 --> 00:52:02.480
With this surprising redefinition of systematic axiomatic deductive reasoning as coercion,

521
00:52:02.480 --> 00:52:06.680
Nozick had pulled the last tooth from his libertarianism.

522
00:52:06.680 --> 00:52:12.960
If even the attempt of proving or demonstrating the ethical impermissibility and injustice

523
00:52:12.960 --> 00:52:20.960
of Democratic Socialism constituted bad behavior, libertarianism had been essentially disarmed,

524
00:52:20.960 --> 00:52:26.760
and the existing order and its academic bodyguards rendered intellectually invincible.

525
00:52:26.760 --> 00:52:31.080
How could one not be nice to someone as nice as Nozick?

526
00:52:31.080 --> 00:52:35.920
It is no wonder that the anti-libertarian intellectual establishment took kindly to

527
00:52:35.920 --> 00:52:42.780
a libertarianism as gentle and kind as his, and elevated Nozick to the rank of the premier

528
00:52:42.780 --> 00:52:52.740
In accordance with this non-methodical mindset, Nozick's philosophical interests continued

529
00:52:52.740 --> 00:52:58.860
to drift from one subject to another. Already, in his philosophical explanations, he had

530
00:52:58.860 --> 00:53:06.220
confessed, I have found, and not only in sequence, many different philosophies alluring and appealing,

531
00:53:06.220 --> 00:53:10.180
Sogent and impressive, tempting and wonderful.

532
00:53:10.180 --> 00:53:17.240
Libertarianism, ethics, carried no particular or even unique weight within Nozick's philosophy.

533
00:53:17.240 --> 00:53:23.580
It was one exciting subject among innumerous others to be taken up for exploration or dropped

534
00:53:23.580 --> 00:53:27.120
as one's curiosity demanded.

535
00:53:27.120 --> 00:53:32.420
It was not entirely surprising then when, only a few years after the publication of

536
00:53:32.420 --> 00:53:37.740
of the very book that had made him famous, it became increasingly obvious that Nozick

537
00:53:37.740 --> 00:53:42.640
had all but abandoned even his kind and gentle libertarianism.

538
00:53:42.640 --> 00:53:48.500
And when he at last acknowledged openly in The Examined Life, a book of neo-Buddhist

539
00:53:48.500 --> 00:53:53.700
musings on the meaning of life, that he was no longer a libertarian and had converted

540
00:53:53.700 --> 00:53:59.940
to communitarian social democracy, he still felt under no obligation to give reasons for

541
00:53:59.940 --> 00:54:07.540
for his change of mind, and explain why his previous ethical views had been false. Interestingly,

542
00:54:07.540 --> 00:54:12.020
this development seems to have had little effect on the status of anarchy, state and

543
00:54:12.020 --> 00:54:15.660
and Utopia as Prime Libertarian Philosophizing.
