Index*

*Page numbers reference the printed book’s page numbers.

Abandonment of property, 34–37, 226–228, 273–274, 655

Abortion, 572, 636–637

Action. See Human action

Adverse possession, 34–37

Against Intellectual Property after twenty years, 399–435

Action, separate roles of knowledge and means in, 419–420

AIP, new edition of, 660

Background, 399–404

Central question, 482

Changes to ideas in AIP, 410–411

Empirical evidence, additional, 412–413

Internet era and growing IP threat, 404–410. See also Internet

IP as natural right, 433–435

Labor metaphor for IP, 418–419

Limitations on property rights, 424–426

Lockean/libertarian creationism, 416–418

Negative easements, IP rights as, 413–416

Resources, properties, features, and universals, 421–422

Selling implies ownership fallacy, 423–424

Structural unity of real and intellectual property, 426–432

Against Politics: On Government, Anarchy, and Order, by Anthony de Jasay, review of, 537–549. See also Anarcho-capitalism

Aggression

Aggressive intervention, 592–593 n.14

Aggressor, potential defenses by, 83–93

Alienation of rights and, 254–259

Anarchism and opposition to, 29

Argumentation ethics and, 127–128 n.23

Assault, threats, and attempts as aggression, 96, 103–104, 193, 530. See also Assault; Threats

Against bodies, 18, 363

Causation and, 167–202, 655–657. See also Causation and aggression

Coercion, misuse of term, 687

Concept of, 83

Consent as defense to punishment of, 89

Consideration and, 213–214

Defined, 75 n.29, 621–622

Dialogical arguments for libertarian rights and, 76–77 n.31

Fraud as, 12–13 n.4, 104 n.79, 236–240

Initiation of violence, 619–620

Invasion of borders of others’ owned resources, 640–641

Justification for violence, 376–377

Legal system, purpose of, 168

Legitimate use of, 80–82

Libertarian anti-aggression position, 680

Master and slave and, 158–160. See also Slavery

Non-aggression and. See Non-aggression principle

Promises are not, 222

Property, use without owner’s permission as, 210–211

Property rights and, 12, 359–360, 690–691. See also Property rights

Proportionality of punishment. See Proportionality of punishment

Punishment distinguished from, 70

Punishment for, 175. See also Punishment

Right against, 248–249 n.24

Self-ownership and, 231–232

Speech acts as. See Causation and aggression

State aggression, 27, 40, 302–303, 377–378, 592–593, 625–626

Term, sloppy use of, 686–687

Threats. See Threats

Universalizability of, 84–85

Alienability of rights. See Inalienability

Alongside Night, 455

American Jurisprudence Second, 322

American Law Institute’s Restatements, 322, 348

Americans with Disabilities Act, 393

Anarcho-capitalism, 39–42

Anarchist, defined, 39

Anarchy, criticisms of, 40

Barnett on, 531–532

Enforcement of mutual promises without final specialized enforcer, 539–540

Grounds for, political and rational, 540–541

Impracticality of, response to, 40–41

Legislation and, 302–303, 332–333

Liberal norms in, 532

Limited government, possibility of, 540

Non-anarchist propositions, 40

Nonconfiscation and competition as principles of, 531

Principles of politics, De Jasay’s, 545–546

Private court systems, 306–308, 338, 667–668

Socio-politics, Anarcho-capitalism as best approach to, 627, 669–670

State aggression, opposition to, 29

Utilitarian replies to, 41–42

Antifederalists and federalists, 557–558, 561. See also Federalism

Anti-state.com, 137

Apel, Karl-Otto, 143, 154, 598–601

Appropriation. See Original appropriation

Aranson, Peter H., 323

Argumentation ethics, 116–121, 137–164

A priori truths, 606–607

Background, 138–140

Barnett on, 518

Claims made during argumentation only, 163–164

Conflict-free nature of, 116, 147, 151

De Jasay on, 544

Estoppel as justification of rights, 122–125

External scarce resources, 117–118

First use and homesteading in, 150–152. See also First use; Homesteading

Generic consistency principle and, 133–136

God as slaveowner, 160–163

Hoppe’s theory, 142–143

Individual rights and, 589–591. See also Individual rights

Libertarian rights, 140–142

Madison, G.B. and, 128–132

Moral estoppel theory and, 133

Murphy’s and Callahan’s critique, 152–164

Natural rights and, 119–121

Non-aggression principle in, 117–118, 130, 149–151

Normative presuppositions, 143

Objective links, 149–152. See also Objective links

Ownership of entire body vs. parts of body and, 156–157

Particularizable norms, 144–146

Positive norms of, 590–591

Practical preconditions for argument, 147

Punishment and, 123

Responses to, 138–139

Rights skepticism and, 125–127

Rothbard on, 132

Self-ownership, 116–117, 150. See also Self-ownership

Slaves, arguing with your, 158–160. See also Slavery

Substantive facts and norms, presupposed, 147–149

Talk vs. violence, 127–128 n.23

Theory of, 589

Universalizability, 144–146, 155–156. See also Universalizability

Value-free ethics, 597

Aristotle, 156

Arms, right to own, 340

Artists, IP and, 405, 500, 660–662

Assault, 96, 103–104, 193, 530

Attempted aggressive crime, 103–104

Augustine, of Hippo, Saint, 488

Austrian economics. See also Böhm- Bawerk, Eugen von; Hayek, Friedrich von; Hoppe, Hans-Hermann; Machlup, Fritz; Menger, Carl; Mises, Ludwig von

Banking, nation states, and international politics, 611–613

Causation, view on, 199–202

Central economic planning, impossibility of, 318

De Jasay as quasi-Austrian economics theorist, 537

Economic analysis, 168–169 n.4

Economic vs. normative realms of analysis: ownership vs. possession, 276–281

On free goods. See Free goods

Goods as scarce means of action, 483. See also Scarce means

Governmental force and free-market societies, 673–674

On human action, 474. See also Human action

Inaccurate terms, use of, 661 n.32

Kinsella’s interest in, 648–649

Knowledge vs. calculation, 507–514. See also Knowledge

Libertarianism and, 683

Market cooperation, 656

Marxism reformed by praxeology, 613–614

Mises versus Keynes, 614

Praxeology, 168–169

Prices. See Prices

Private property, role of, 508. See also Property rights

Public goods theory and production of security, 607–608

Separating economic realm from realm of law and rights, 220–221 n.32

Taxation, economics and sociology of, 608–611

Value, subjective nature of, 187, 213, 412

Vienna school of, 537

Austrian Scholars Conferences, 9

Bagels, 488–489, 491

Banking, 611–613, 672

Barnett, Randy E.

Background, 504–505

On consent, 255

On freedom of contract, 518

Hayek’s influence on, 533

“Imagining a Polycentric Constitutional Order: A Short Fable,” 532

On inalienability, 254 n.38

Kinsella and, 551

On knowledge, 514–519

On legal precepts, 520–521

On natural rights, 578–579

On Ninth Amendment, 581

On punishment, 243–244

On restitution, 251–252

Restoring the Lost Constitution: The Presumption of Liberty, 535

On retaliatory force, 112

On social happiness, peace, and prosperity, 505

The Structure of Liberty and the Rule of Law (1998), 244, 503–535. See also Knowledge

Terminology, idiosyncratic use of, 532–533

On title transfer theory of contracts,

223, 519

Bastiat, Frederic, 6, 377

Beaumont, Charles, 464

Behavior, non-purposeful and purposeful, 170–171

Bell, Tom, 430, 434–435

Bentham, Jeremy, 332

Bill of Rights, U.S. See also Ninth Amendment; U.S. Constitution

Binding on federal government, not states, 571

Dangers of, 557–558

Federalists and antifederalists on, 556–558

Monopolies, proposed amendment to limit terms of, 433–434, 472

Bitcoin, 73 n.23, 265, 278, 513 n.32

Blackman, Rodney J., 131 n. 34

Blackstone, William, 307–308, 336

Block, Walter

On blackmail, 283

On fixed pie of responsibility, 190

On inalienability, 254

On inciting other to crime, 183–185, 187–188

On non-aggression principle, 284–286

On relationship with God, 163

On slavery and body-alienability, 263–264, 274

Bodies. See Human bodies; Self-ownership

Böhm-Bawerk, Eugen von: “Whether Legal Rights and Relationships are Economic Goods,” 498–499

Boldrin, Michele and David K. Levine, 385

Against Intellectual Monopoly, 405

Branden, Barbara: The Passion of Ayn Rand, 5, 403

Buchanan, James, xiii, 542, 549

Buckland, W.W. and Arnold D. McNair: Roman Law and Common Law: A Comparison in Outline, 351

Burden of proof

On aggressor to show proposed punishment not proportional, 104–108

For government action, 543, 545

Burke, Edmund, 652

Calculation vs. knowledge, 507–514. See also Knowledge

Callahan, Gene

On arguing with your slave, 158–160

Argumentation ethics, critique of, 137, 140, 152–164

On claims made during argumentation only, 163

On ethics of argumentation, 154–155

On self-ownership, 156–157

On universalizability, 145 n.18, 155–156

Capitalism, 585–615

Banking, nation states, and international politics, 611–613

Economics, 607–614. See also Austrian economics

Epistemology, 601–607. See also Epistemology

Individual rights, 588–601. See also Individual rights

In libertarian society, 12, 359–360, 627

Marxism reformed by praxeology, 613–614

Public goods theory and production of security, 607–608

Taxation, economics and sociology of, 608–611

Capital punishment

Barnett on punishment, 243–244

Defense, restitution, and punishment, 245–247

Defensive and restitutive force and, 246–247

Inalienable rights and, 241–242, 252–259

Pacifism, 260–261

Restitution and, 246–247 n.18, 249–252

Restitution instead of punishment, 243–244

Scale of punishment and, 100–101

Self-defense and, 242–243

Standing threats and, 242–243

Utility of punishment, 249

Carpio, Juan Fernando, 11

Carson, Kevin, 34–37

Carter, James C., 348–349

Catallactics, 272, 277–278

defined, 359 n.8

Categorical Imperative, 589–590

Causation and aggression, 167–202

Act, defined, 173 n.14

Action and behavior, distinction between, 168–170

Ad hoc exceptions, 184–189

Aggression and implicit concept of causality, 172–175

Behavior, non-purposeful and purposeful, 170–171

Causality, implicit concept of, 172–175

Causality principle, 607

Causation, cooperation, and human means, 176–182

Cause-in-fact, proximate cause, and action, 197–198

Criminal conspiracies, 180–182, 185, 188–189

Criminal guilt, intent and, 175–182

Instigator of actions, liability of, 184–187

Intention, 174–182

Joint and several liability, 189–192

Libertarian objections, 182–196

Means, another person as, 182–183

Means, innocent human as, 177–181

Mediating aggression through other persons, 180–182

“Mere” speech and causation, 181–182, 192–196

Nonconsensual action which violates property boundaries, 171–172

Praxeology and legal analysis, 168–172. See also Praxeology

Proximate cause, tests for, 197–198

Punishing aggression. See Punishment

Reinach and, 199–202

Responsibility and consequences for actions, 171, 655–657, 684

Social causation, 194 n.55

Speech as aggression, 192–194, 642

Unforeseeability of intervening cause, 179–180

Voluntaryism, 183 n.31

Censorship, 211, 379, 447, 657, 664–665

Centralized legal systems, 296–301

Civil law, 297–298

Civil law, rationalism and libertarianism, 298–301

Impossibility of, 319

Legislation as central planning, 320–323

Problems with, 325

Central planning

Economic calculation and, 316–327

Impossibility of, 318–320

Legislation as, 320–323

Certainty, 303–318

Civil codes, 310–312

Contract, sanctity of, 312–313

Courts’ decisions, limits of, 306–308

Decentralized law-finding systems, 306–310

Government courts, 308–309

Legislation and, 337

Rule of law, legislation, and, 303–305

Statutes of limitations and, 335–337

Time preference and crime, 315–316

Time preference and structure of production, 313–315, 328

Uncertainty, negative effects of, 312–316

Chevigny, Paul, 131

Child, James W., 237, 239

Children

Capacity to say no, 58–59

Fetuses, babies, and defective humans, rights of, 594

First owner, when child becomes, 48–51, 636–637

Hoppe on self-ownership of, 58–59

Libertarian approach to, 682–683

Ownership of child’s body, 58–60

Parents as first owners, 48–51

Parents as guardians of, 58

Parents’ positive obligations, 50–51

As rational agents, 58–59

Civil codes

Certainty, 310–312

Commendations for, 352

Criticisms and problems, 340–342

Legislative supremacy in, 350–351

Special status of, 310–311

Special statutes, diluting effect of, 311–312

Uncertainty of, 311

Civilized man, defined, 376

Civil law

Advantages of, 346

Cause in, 208

Centralized law-making systems. See Centralized legal systems

Common law and, 296–298, 341, 345–349

Constitutions and, 342–343

Estoppel, 72–73

Libertarianism, relation to, 294

Perceived benefits of, 298–299

Rationalism, libertarianism, and, 298–301

Things, concept of, 31

Civil War, 680

C.K., Louis, 397

Codes. See Legal codes

Coercion. See also Non-aggression principle

Freedom from, principle of, 130, 134

Misuse of term, 687

Self-ownership and, 160, 271

By state, 534, 545–546, 612

Cohen, G.A., 62

Coke, Edward, Sir, 73

Comeaux, Paul, 551

Commentators and codes, role in legislation, 340–345

Common law. See also Decentralized legal systems

Cause-in-fact, proximate cause, and action, 197–198

Civil law and, 345–349

Consideration, 207–208, 212–214

Courts, jurisdiction of, 306

As decentralized system, 296–298

Knowledge and, 521–525. See also Knowledge

Legislation and, 346

Libertarianism, relation to, 294

Modern corruption of, 350

Precedents, role of, 307

Promissory estoppel, 214–216

Spontaneous development of law, 322

Communism, 56, 61, 153 n.31, 687. See also Socialism

Conditional title transfers, 218–222

Conflictable resources. See Scarce resources

Conflict avoidance

External resources and, 370–374

Force, justification for use of, 28

Justice and, xvii–xviii

Property rights and, 25, 204–205, 376, 419–420, 514–519, 629. See also Property rights; Scarce resources

Self-ownership and, 19–21, 365–369. See also Self-ownership

In stateless society, 365–369

Consent

Alienability of rights and, 253–256

Conditional nature of, 290–291

To court’s jurisdiction, 306–307

Force and, 253, 256–259

Kinsella’s current perspective on, 232–233

Revocability of, 255–259

Trespass vs. use and, 290

Consequentialism, 67, 153 n.31, 380–381, 534, 544–545

Consideration, 207–208, 212–214

Consistency and principle, 374–377

Constitutions. See also U.S. Constitution

Civil law and, 342–343

In libertarian society, 342–343

Content creators, 396–398

Contestable resources. See Scarce resources

Contract, libertarian theory of, 203–239

Agreements or promises as basis for, 207

Body, property in, 228–229. See also Self-ownership; Voluntary slavery

Breach, remedies for, 208–209

Cause, 208

Clarifications and applications, 224–232

Conditional Transfers, 218–221

Consent of owner, 210–211

Consideration, 207–208, 212–214

Contract, confusion over use of word, 688

Contractual title transfer, 15

Crime, contract to commit, 186–187

De Jasay on, 539–540

Determining enforceability of, 207–208

Detrimental reliance, 74, 214–216

Evers-Rothbard title-transfer theory. See Title-transfer theory of contracts

External scarce resources, selling and ownership of, 273–274

Fraud, 236–239, 463, 621–622

Homesteaded resources, transfer of title to, 224–228

Inalienability, 229–233, 258–259 n.48

Intellectual property, contractual approach to, 390–391

IP, contractual approach to, 390–391, 463

Justice and, xii–xiii, xviii

Mere promise, 211–212

Obligations, 208, 521 n.58

Overview, 207–210

Prior-later distinction and, 624. See also Prior-later distinction

Promises and, 209–210, 221–223, 640–641

Promissory estoppel and detrimental reliance, 214–216

Property and, 204–207. See also Property rights

Sanctity of, 312–316

Selling and ownership of external scarce resources. See Selling, ownership and

For services, 276

Social contract theory, xii–xiv

Specific performance as remedy for breach, 208–209

Speech, promises, and libertarianism, 210–212

Theft and debtor’s prison, 233–236

Title-transfer theory, 216–223. See also Title-transfer theory of contracts

Trademark and, 287–292. See also Trademark rights

Transfer of rights, contract as, 206–207

Uncertainty and sanctity of. See Certainty

Uncertainty of, 312–313

Voluntary slavery. See Slavery

Control, direct and immediate, 52–55, 60–63

Conway, David, 139

Coppola, Francis Ford, 662

Copyright. See also Intellectual property (IP)

Civil and criminal penalties for, 666–667

Defined, 379

Deterrent to progress and technology, 564

In Germany, 666

History of, 442–443, 665–666

Internet era and, 404–410. See also Internet

Laws regarding, 465–466, 473–474

Logorights and media-carried property, 449–480. See also Logorights and media-carried property; Pattern/logos

As monopolies or state-granted privileges, not property rights, 427

Private justice for, 667–668

Rights granted by, 414–415

State enforcement on behalf of individual, 668

As statutory scheme, 393

Threats from, 446–447

Time limits on, 471

World without, 664–665

Corpus Juris Secundum, 322

Courts

Decentralized private system of, 333

Decisions by, limits of, 306–308

Government courts, extra-market powers and disguised legislation, 308–309

Judge’s discretion, 306–308. See also Judges

Jury trials, 340. See also Jury trials

Precedents, role of, 307

Private court systems, 306–308, 338

Supreme Court. See U.S. Supreme Court

Creationism

IP and, 386–390

Lockean, IP and, 416–418

Property rights and, 389–390

Creative Commons, 451, 670

Criminals. See also Punishment

Joint and several liability of, 192

Legitimacy of state and, 40–42

Non-aggressor, 19, 364

Time preference and, 315–316

Criss, Jack, 5, 65

Crocker, Lawrence

Moral Estoppel Theory, 90 n.57, 133

On retaliatory force, 109

Crowd-source fundraising, 397, 662

C4SIF blog, 667, 671

Cy pres doctrine, 561–568

Constitutional cy pres doctrine, 556, 564

Defined, 562

Eleventh and Fourteenth Amendments, 563–564

The Daily Bell

“Stephan Kinsella on Libertarian Legal Theory, Self-Ownership and Drug Laws,” 619–644

“Stephan Kinsella on the Logic of Libertarianism and Why Intellectual Property Doesn’t Exist,” 619–644. See also Intellectual property (IP)

The Daily Reveille (LSU), 645

Davis, Michael, 428–429

Deazley, Ronan, 435

Debtor’s prison, 184 n.32, 233–235

Decentralized legal systems, 296–301

Alleged deficiencies of, 334–338

Case law, challenges with, 344

Certainty in, 304–309

Common and Roman law, 297–298. See also Common law; Roman law

Judges in, 309, 326–327

Law-finding systems, 325–327

Legal precepts, development of, 522

Limits to power of, 338–339

Private court systems, 333

Private customary law systems, 297

Defensive force, 245–247, 642, 687

Definitions

Act, 173 n.14

Assault, 530

Catallactics, 359 n.8

Civilized man, 376

Copyright, 379

Cy pres doctrine, 562

Embordering, 632

Free market, 319

Goods, 495

Intellectual property, 357 n.3

Joint and several liability, 190

Justice, 12, 300, 359

Ownership, 639

Patents, 379–380

Property, 29–30, 205 n.1

Property rights, 266, 360

Rationalism, 298–299 n.9

Rule of law, 303–304

The State, 686 n.31

Tangible, 411 n.30

Things, 31

De Jasay, Anthony

Against Politics: On Government, Anarchy, and Order, review by Kinsella, 537–549. See also Anarcho-capitalism

“Let ownership stand,” 23 n.27

Popper, critique of, 541–542

On principles of politics, 370–371 n.34

DeRosa, Marshall: The Ninth Amendment and the Politics of Creative Jurisprudence, 581–582

Destutt de Tracy, Antoine Louis-Claude, 484

Detrimental reliance, 74, 214–216, 258–259 n.48

Devlin, John, 294

Dialogical arguments for libertarian rights, 113–136

Aggression and, 76–77 n.31

Argumentation ethics, 116–121. See also Argumentation ethics

Argumentation ethics-related theorists, 128–132

Consistency and contradictions, 75–79

Crocker’s Moral Estoppel Theory, 133–135

Estoppel, 75–79, 122–125. See also Estoppel

Generic consistency, principle of, 133–135

Natural rights, argumentation ethics and, 119–121

Punishment and, 123

Purpose of dialogical discourse, 75–76

Rights-skepticism, 125–127

Theories for individual rights, 114–115

Dialogical estoppel. See Estoppel

Dickens, Charles

Great Expectations, 422

Tale of Two Cities, 461–462

Direct and immediate control, 52–55, 60–63

Discourse ethics, 129 n.25, 287, 598–601, 657. See also Argumentation ethics

Discovery of law in free society, 293–351. See also Legislation and discovery of law in free society

Disney Corporation, 458

Doctorow, Cory, 662

Dodd, Chris, 670

Doherty, Brian, 676

Dorfman, Avihay, 431

Dotcom, Kim, 667

Drake, Francis, 441–442

Dropbox, 667

Drug laws, 643–644, 679

Due Process Clause

Bill of Rights, applicability to the states, 571

Ninth Amendment and, 563, 572, 575

Welfare benefits and, 445 n.12

Economics. See Austrian economics

Edwards, Paul, 11

Eichmann, Adolf, 124 n. 124

Einstein, Albert, 607

Electronic Frontier Foundation, 670

Embordering. See also First use; Homesteading

Borders, creating publicly visible, 635

Defined, 632

Intentional act of, 228, 272, 376, 388

As objective link, 374

Original appropriation and, 22, 25, 150, 370. See also Original appropriation

Of scarce resources, 225, 417, 654

Eminent domain, 13, 361, 458

Entitlements, 223, 444–445 n.12, 575

Entrepreneurship, 319, 387 n.79, 396–398, 493, 510–514, 662

Epistemology, 601–607

Hoppe and Kant versus Rand, 603–605

Praxeology, application of, 601–603

A priori truths, 606–607

Epstein, Richard A., 326, 335–337, 430

Estoppel, 72–93

Aggression, concept of, 83

Aggressive behavior, punishment for, 79–83, 105. See also Aggression; Punishment

Consistency and contradictions, 75–79

Crocker’s Moral Estoppel Theory, 133

Defenses by aggressor, 83–88

Defined, 122

Detrimental reliance and, 74

Dialogical estoppel, 75–79, 123

Individual rights, justification for, 122–125. See also Individual rights

Individual rights and non-aggression principle. See Non-aggression principle

Legal estoppel, 72–74, 122–123

Libertarian rights, dialogical arguments for, 122–125

Moral estoppel, 90 n.57, 133

Non-aggression principle and, 6–7, 657–658. See also Non-aggression principle

Non-aggressive behavior, punishment for, 88–90

Promissory estoppel, 214–216

Property rights and, 90–93

Punishment and, 123–124

Time defense, 85–88

Universalizability of, 84–85

Ethics

Argumentation ethics. See Argumentation ethics

Discourse ethics, 598–601

Praxeology, application to, 601–603. See also Praxeology

Value-free ethics, 597

Euclidian geometry, 606–607

Evers, Williamson

Ethics of Liberty, 653

Title-transfer theory, 216–218, 640–641, 652–655, 688. See also Title-transfer theory of contracts

Evers-Rothbard title-transfer theory, 216–223. See also Title-transfer theory of contracts

Exclusionary rule, 82 n.42

External resources, 21–26

Conflict avoidance in use of, 370. See also Conflict avoidance

External scarce resources, 117–118

Initially unowned, 370–374

Libertarian legal theory on, 272–273

Property in, 370–374. See also Property rights

Scarce resources, 273–274. See also Scarce resources

Federal Communications Commission (FCC), 395

Federalism

Bill of rights, 557

Federalists and antifederalists, 557–558, 561

Ninth Amendment and, 575–580

U.S. Constitution, original function of, 567, 582–583

Felt uneasiness, 28, 375–376, 474–475

Ferguson, Benjamin, 239

Fetter, Frank: Economic Principles, 486–487, 497–498

Filmer, Robert, 687

First Amendment, 67–69, 193 n.54, 560, 600. See also Free speech

First use. See also Homesteading

In argumentation ethics, 149–152

Of child’s body, 48–51. See also Children

Principles for determining, 635–636, 691–692

Of unowned resources, 47–48

Force. See also Aggression

Alienation of rights and, 246

Consent and, 253, 256–259

Initiatory vs. responsive, 175–176 n.17, 210–211

IP, force can’t be applied to, 413–414

Justified use of, 532–533

Preventative, 529–530

Ford, Henry, 382

Foreseeability. See Unforeseeability

Founders. See U.S. Constitution

Found law, 296–298

Franck, Murray, 335

Fraud

As aggression, 12–13 n.4, 104 n.79, 236–240

Confusion over meaning of, 688–689

Contracts and, 236–239, 463, 621–622

Example of, 237–238

In IP, 463

Trademarks and, 239 n.65, 288–289

Free goods, 482, 486–488, 490–491, 495–499

Free market

Central planning vs., 331

Definition, 319

Ethics underlying, 117

Existence without states, 296, 549

Free exchange of goods in, 319–320

Free market thinking, 673–674

IP and monopolies in, 357, 429, 442, 444, 651

Land title registry in, 459

In legal services, 394–396

In libertarian society, 12–13, 115, 359–360, 627–628, 670

Producers’ cost in, 396

Free speech, 67–69

Incitement and, 184–185, 188

In libertarian society, 211

Limitations on right to, 193 n.54

Nature of discourse and, 131

Property ownership and, 248–249 n. 24

Free State Project, 455

Free will, 172 n.13, 184, 186, 190–191 n.48, 593–594

French, Doug, 481

Friedman, David

On argumentation ethics, 138

“Breakthrough or Buncombe?,” 588

Kinsella, influence on, 5

Friedman, Milton

Capitalism and Freedom, 677

Kinsella, influence on, 4, 648

Generic consistency principle, 133–135

GEnie Forums, 450

George, Henry, 637–638

Georgism, 457

On land ownership, 631, 637–638

Resurgence of, 672

As type of libertarianism, 34–35

Gewirth, Alan

Generic consistency principle, 133–135, 598–601

Norms in argumentation, 154

God,

And libertarian norms, 162–163

As slaveowner, 160–163

Goodman, John, 246

Goods

Distinguishing scarce from nonscarce, 490–493

Free goods. See Free goods

Goods, defined, 495

Goods, examples of, 496

Modern separation of, 499–500

Progress and intervention, 499–500

Public/private nature of, 631 n.26, 635–636

Replication and civilization, 493–495

Replication and nonscarce goods, 486–490

Requirements for objects to become goods, 419–420 n.58, 495–496

Scarce and nonscarce, 481–500. See also Nonscarce resources; Scarce resources

Scarcity and scarce goods, 482–486

Scarcity as conflictability, 486

Things as bundles of scarce and nonscarce goods, 493

Google, 406, 499

Gordon, David

On argumentation ethics, 138

“Breakthrough or Buncombe?,” 588

On goods, scarce and nonscarce, 481

Gordon, Wendy, 431–432

Gotthelf, Alan, 5

Government. See The State

Greenbackerism, 672

Griffith Law Review, 355

Grotius, Hugo, 676

Grundnorms, 365–366

defined, 19

Guillory, Gil, 11

Gutenberg Press, 665

Habermas, Jürgen, 143, 154, 598–601

Hare, R.M., 84–85

Hasnas, John, 394–395

Hastings Constitutional Law Quarterly, 551

Hayek, Friedrich von

Barnett, influence on, 533

On central planning, 316–317, 681

On decentralized law-finding systems, 334–337

De Jasay on, 537, 542–543

On French Enlightenment, 330

Kinsella and, 649

On knowledge, role of, 506–508

On prices as encoded information, 508–509, 510–511

On rationalism, 329–330

The Road to Serfdom, 677

Hazlitt, Henry: Economics in One Lesson, 4, 648

Hegel, G.W.F., 110–111

Heisenberg Uncertainty Principle, 607

Herbener, Jeffrey, 317, 481

Herman, Shael, 351

Hip-hop music, 405–407

Hitler, Adolf, 183–184, 188–190

Hobbes, Thomas, 549

Höffner, Eckhard, 666

Hollywood, IP reform and, 410, 669

Holmes, Oliver Wendell, 173 n.14, 294, 629

Homesteading

Abandonment of property, 226–228

Acquisition of homesteaded property, 225

Actual occupancy and, 34–35

Argumentation ethics, presumption of in, 590–591

Determining what counts as by the framing of the dispute, 25 n.34, 373 n.42, 636. See also Property rights, Relevant technological unit, and

Government prevention of, 633

Homesteaded resources, transfer of title to, 224–228

Human bodies and, 52. See also Human bodies

Objective link, 269

Ownership vs. possession, 224–225

Partial, 634

Physical transformation or embordering and, 25

Real property and, 205–206

Requirements for, 654–655

Right to, 92

Self-ownership distinguished from, 271, 639

Title-transfer theory and, 224–228

Of unowned resources, 47–48

Hoppe, Hans-Hermann

On acquiring rights in unowned property, 118

Aggression and dialogical arguments for libertarian rights and, 76–77 n.31

On argumentation and rights, 135, 142–143

Argumentation ethics, 6–7, 137–163, 657–658. See also Argumentation ethics

On assignment of ownership, 367–368

On body as scarce good, 46 n.2

On body-ownership, 54–56

On calculation problem, 316–317, 507–508

On child’s body, ownership of, 58–59

On classical natural rights, 119–121

On democracy, 682

On economic analysis, 168–169 n.4

On economic efficiency, 153 n.31

The Economics and Ethics of Private Property, 8, 585–615, 649. See also Capitalism

As editor of JLS, 403

On embordering, 272, 632

On ethics, 544

Foreword, xi–xx

On free will, 593–594

On Hayek’s contribution to socialism debate, 514

On Kant and epistemology, 603–605

Kinsella and, 8–9, 65, 294, 585, 659

On legislation and uncertainty, 314–315

On merits of common law vs. civil law, 346–347

On natural law theory, 132 n.37

On natural rights theory, classical, 595–596

On nature of state, 378

On non-aggression principle, 117–118, 287

On nonscarce goods, 487

On ownership, 151–152, 639

On partial property rights, homesteading of, 634

On praxeology, 169

Praxeology and Economic Science (PES), 604

On prior-later distinction, 24, 56–57, 373

Property, Freedom, and Society: Essays in Honor of Hans-Hermann Hoppe, Guido Hülsmann and Stephan Kinsella, eds., 11

On property norms, 20

On property rights, 131, 516, 518, 636

On public goods dilemna, 542

On requirements for objects to become goods, 495

On rights in person and property, 63, 91–92

On right to self-defense and retaliatory force, 109

On scarcity, 655

On self-ownership, 48 n.7, 116–117, 157, 161, 228, 271, 484–485

On self-ownership and conflict avoidance, 57

On self-ownership and prior-later distinction, 61–62

On self-ownership and property rights, 26

On socialism, 19 n.19, 146, 151–152

A Theory of Socialism and Capitalism, 482–484, 586, 615, 635–636, 653

“The Ultimate Justification of the Private Property Ethic,” 6, 138, 588, 649

On universalizability, 84, 144–146

On wealth, 388–389, 494 n.25

Horowitz, Morton J.: The Transformation of American Law, 223–224 n.36

Hospers, John

On punishment, 71

On retaliatory force, 109–110

Hülsmann, Guido

On calculation problem, 317, 508

On economic analysis, 280

On self-ownership, 271

Hülsmann, Guido and Stephan Kinsella, eds.: Property, Freedom, and Society: Essays in Honor of Hans-Hermann Hoppe, 11

Human action. See also Property rights

Components of, 419, 474–476

Conflict and, 514–519

Deep structure of, xv–xvi

End result of, 476–477

IP in context of, 391–393

Knowledge and means, separate roles of, 419–420. See also Knowledge

Nature of, 628–629

Praxeology, 602

Responsibility for, 641

Scarce means, employment of. See Scarce means

As scarcity, 476

Self-ownership and, 623–624. See also Self-ownership

Uneasiness and. See Felt uneasiness

Human bodies. See also Self-ownership

Children’s bodies. See Children

Contract theory and, 228–229

Direct and immediate control as objective link for self-ownership, 51–56. See also Objective links

As means of action, 623–624. See also Human action

Non-aggression principle and, 16–19

Non-libertarian philosophies on rights in, 18–19

Non-purposeful behavior, 170–171

Ownership of entire body vs. parts of body in argumentation ethics, 156–157

Ownership rights in, 14–15

Property in bodies, 16–19

Slavery, 158–160. See also Slavery

In stateless society, 361–364

Hume, David, 632, 676

Impatterning, 422–423, 461, 463–465

Inalienability

Aggression and, 254–259

Assertion of, 245–247

Consent and alienability, 253–256

Contract theory and, 229–233

Of external resources, 258

LeFevre’s pacifism and, 260–261

Non-aggressors, application to, 252–253

Punishment and, 241–261. See also Capital punishment; Punishment

Rothbard on, 229–233

Theory of, 252–259

Title-transfer theory of contracts and, 652–655

Incompleteness theorem, 606

Incorporation doctrine, 567, 571–572, 574–575, 580, 583

Individual rights, 43–164. See also Inalienability; Property rights

Against aggression, 248–249 n.24

Argumentation ethics and, 137–164, 589–591. See also Argumentation ethics

Capitalism and, 588–601

Defined, 126 n.22

Dialogical arguments for libertarian rights, 113–136. See also Dialogical arguments for libertarian rights

Discourse ethics and principle of generic consistency, 598–601

Enforceability of, 591–592

Estoppel and directions for further inquiry, 591–594

False and positive, 630

Fetuses, babies, and defective humans, 594

Hoppe’s ideas on, 588–589, 597–598

Inalienability, assertion of, 245–247. See also Inalienability

Instrumental value of constitution and, 552–553

IP as natural rights argument and, 433–435

Libertarian theories for individual rights, 114–115, 295, 300–301

To life, 248–249 n.24

Limitations on government power and, 559–561

As metanorms, 126 n.22

Natural rights theory, classical, 595–596

Owning ourselves, 45–63. See also Self-ownership

As permissions, 546

Property rights as, 628–630, 653. See also Property rights

Punishment and rights, libertarian theory of, 65–112. See also Punishment

Rights-skepticism, 125–127

Transfers of, 640–641

Unenumerated rights, 559–561, 563–565

Value-free ethics and, 597–598

Industrial age, IP in, 443–445

Initiating force, 16–19. See also Force; Non-aggression principle

Intellectual property (IP), 353–500

Against Intellectual Property after twenty years, 399–435. See also Against Intellectual Property after twenty years

Arguments, historical and modern, about, 445–447

Artists’ and writers’ views of, 660–662

Censorship. See Censorship

Conflictable, ideas are not, 265

Consequentialist approach to, 380–382

Content creators, rewards in IP-free market, 395–396

Contractual approach to, 390–391, 669

Copyright. See Copyright

Costs and benefits of, 383–384

Defined, 357 n.3

Digitally encoded information, 489–490

As false right, 630

Fraud, confusion over meaning of, 688–689

Future of, 670–671

Goods, scarce and nonscarce, and, 481–500. See also Goods

Historical setting of, 440–443

Internet era and, 404–410. See also Internet

IP-free world, imagining, 393–398

Kinsella’s views on, 650–651, 658–660

Knowledge and means in action, separate roles of, 419–420

Labor metaphor, 418–419

Learning, emulation, and knowledge, 391–393

Legal classifications of, 413 n.40

Legislation and the state, 393

Legitimacy of, 357–358, 652

Libertarianism and, 379–393, 400–402, 662–663, 681, 684

Limits on property rights and, 424–426

Lockean creationism and, 386–390, 416–418

Logorights and media-carried property, 449–480. See also Logorights and media-carried property

Mainstream views on, 662–663

As monopoly. See Monopolies

Natural right, IP as, 433–435

Negative easements, IP rights as, 413–416, 424

Normal property rights and IP, differences between, 426–432

Origitent, Introduction to, 437–448. See also Origitent

Patents. See Patents

Reasons for, 356–357

Reform, prospects for, 410

As resources vs. property, 421–422

As restrictions on other’s property rights, 267

Selling implies ownership fallacy and, 264, 276, 278–281, 423–424, 639–640. See also Selling, ownership and

In stateless society, 354–398. See also Stateless society, law and intellectual property in

Terms of, 357 n.4

U.S. use of IP against other nations, 669

Utilitarianism and, 382–386, 412–413, 472, 657

Wealth and, 385–386, 388–390

Interest and power, problems of, 526–530

Internal Revenue Service, 598

Internet

Copyright infringement lawsuits, dramatic increase in amount of, 404–408

Internet era and growing IP threat, 404–410, 659–660

Internet Reformation, 670

IP emerging from shadows and, 404–405

Interviews and speeches, 617–692

Libertarianism after fifty years, 675–692

On libertarian legal theory, self- ownership, and drug laws, 619–644

Logic of libertarianism and why intellectual property doesn’t exist, 645–674. See also Intellectual property (IP)

Jacob, Assaf, 431

Jefferson, Thomas

On goods, scarce and nonscarce, 487–488

On IP as natural right, 433–434, 473

On rights, 130

On rights in body, 484

John Randolph Club, 8, 649

The Journal of Libertarian Studies, 283, 294, 399, 403, 586–587, 659

Jouvenel, Bertrand de, 676

Judges. See also Courts; Justice; Laws; The State

Civil code and, 341–345

In decentralized law-finding systems, 306–309, 326–327, 524–525

Discovery of law by, 298–299, 322

On incitement, 195

Legislation by, 335–336

Jurisdiction, 306–308

Consent to, 531–532

Of Supreme Court, 580

Jurisprudence constante, 308

Jury trials, 251, 340, 529, 568

Justice. See also Courts; Non-aggression principle; Property rights; Individual rights

Centralized legislation vs. case law, 348–349

Criminal justice. See Punishment

Defined, 12, 300, 359

Of economic efficiency, 153 n.31

In free society, xi–xii, 338, 343–344, 528–529

Knowledge of, 519–520, 522

Natural principles of, 294

Principles of, 107 n.83, 524–525

Private, 306–308, 338, 667–668

Of responsive force, 109–112

Rule of law and, 505. See also Rule of law

Theories of, xvi–xvii, 63, 242, 251

Kant, Immanuel

Categorical Imperative, 589–590

On epistemology, 601–602, 603–605

On stealing, 100

Kelley, David, 5, 386–387

Kelsen, Hans, 629

Keynes, John Maynard: General Theory of Employment, Interest, and Money, 614

Kickstarter, 397, 662

King, Charles, 111

Kinsella, Stephan

Against Intellectual Property, 355, 399, 403, 658–659. See also Against Intellectual Property after twenty years

Biography, 3–9, 294, 645–648

On contract theory, 652–655

Copy This Book, 660, 671

“Dialogical Arguments for Libertarian Rights,” 113

“Estoppel: A New Justification for Individual Rights,” 8, 65, 591

Hoppe on, xiv, xx

“How I Became a Libertarian” LewRockwell.com, 3

Intellectual property, views on, 400–403, 409–410, 650–651, 658–660

International Investment, Political Risk, and Dispute Resolution: A Practitioner’s Guide (with Noah Rubins), 658–659

“The Irrelevance of the Impossibility of Anarcho-Libertarianism,” 39

“Knowledge, Calculation, Conflict, and Law,” 503

Law in a Libertarian World: Legal Foundations of a Free Society, 671

“The Legitimacy of Intellectual Property,” 403

“Libertarian Controversies” lecture, 264

“Libertarianism After Fifty Years: What Have We Learned?” (NYC Liberty-Fest, 2014), 675–692

“New Rationalist Directions in Libertarian Rights Theory,” 113

On non-aggression principle, 284–286

Online Contract Formation (with Andrew Simpson), 658–659

O.P. Alford III Prize for “Against Intellectual Property,” 404, 560

Origitent, Conversation with Schulman about logorights and media-carried property, 449–480. See also Logorights and media-carried property

Origitent, Introduction to, 437–448. See also Origitent

Protecting Foreign Investment Under International Law: Legal Aspects of Political Risk (with Paul E. Comeaux), 658–659

“Quotes on the Logic of Liberty,” 112

“Reinach and the Property Libertarians on Causality in the Law,” 167, 656

“Rethinking Intellectual Property, Libertarian Legal Theory, The Social Theory of Hoppe, and Libertarian Controversies,” Mises Academy lectures (2011), 671

Schulman, conversation about logorights and media-carried property (Kinsella on Liberty podcast), 449–480

“Stephan Kinsella on Libertarian Legal Theory, Self-Ownership and Drug Laws,” 619–644

“Stephan Kinsella on the Logic of Libertarianism and Why Intellectual Property Doesn’t Exist,” 619–644

“The Story of a Libertarian Book Cover,” 45

“Taking the Ninth Amendment Seriously: A Review of Calvin R. Massey’s Silent Rights,” 585–615. See also Ninth Amendment

“The Legitimacy of Intellectual Property,” 659

“The Undeniable Morality of Capitalism,” 585–615. See also Capitalism

Knight, Keith, ed.: The Voluntaryist Handbook: A Collection of Essays, Excerpts, and Quotes, 39

Knowledge

Abstract rights and legal precepts, 520–521

Barnett on, 514–519

Calculation, conflict, and law, 503–535

Calculation vs., 507–514

Common law and, 521–525

Conflict avoidance, role in, 514–519

First-order problem of knowledge, 506–519

Human action and, 475–478. See also Human action

Interest and power, problems of, 526–530

Of justice, communication of, 519–521

Means in action and knowledge, separate roles of, 419–420

As nonscarce good, 491, 493, 495–496. See also Intellectual property (IP); Nonscarce resources

Partiality and, 526–530

Personal knowledge and knowledge of others, 506

Pervasive social problems, 503–505

Polycentrism/anarcho-capitalism, 531–532

Presumptions, problems with, 534

Prices, information conveyed by, 507–514. See also Prices

Rule of law and, 519–521

Sharing and dissemination of, 506

Terminology, 532–533

Koman, Victor, 473

Konkin, Alan, 473

Konkin, Samuel Edward, III

On copyright, 451, 471–473

“Copywrongs,” 465

Counter-Economics, 473

On IP, 402, 446

New Libertarian Notes, New Libertarian Weekly, New Libertarian, 451

Kozinski, Alex, 33

Labor theory of property, 55–56 n.17, 381, 417–419, 445–446, 631, 638, 687–688

Laissez-Faire Books, 6, 560

Land ownership, 34–35, 471, 631–634. See also Property rights; Real property

Lane, Rose Wilder: The Discovery of Freedom, 676

Larceny by trick, 238

Latecomers. See Prior-later distinction

Law Merchant, 297, 323, 524–525

Laws. See also Centralized legal systems; Decentralized legal systems; Justice; Legislation and discovery of law in free society; The State

Abstract rights and legal precepts, 520–521

Decentralization of law-making, 681

Enforcing positive rights or prohibiting non-aggressive behavior, 592–593

Knowledge and, 521–525

Legitimacy of, 525

Private law codes, 345

LeFevre, Robert

On copyright, 451–453, 473

On pacifism, 260–261

On property, 460

LeFevre, Sam, 451

Legal codes, 188, 340–345, 523

Legal commentators. See Commentators and codes, role in legislation

Legal estoppel, 72–74, 122–123

Legal precepts

Abstract rights and, 520–525, 635

Barnett on, 533

Enforcement of, 526

Legal systems

Centralized and decentralized, 296–301. See also Centralized legal systems; Decentralized legal systems

Courts. See Courts

Judges. See Judges

Juries. See Jury trials

Legislation and discovery of law in free society, 293–351

Anarcho-capitalism, 302–303

Centralized and decentralized formation of law, 296

Centralized and decentralized legal systems, 296–301. See also Centralized legal systems; Decentralized legal systems

Central planning, 316–327. See also Central planning

Certainty, 303–318. See also Certainty

Civil codes. See Civil codes

Civil law, rationalism, and libertarianism, 298–301

Civil law and common law, 296–298

Commentators and codes, role of, 340–345

Common law vs. civil law, 345–349

Copyright laws, 473–474. See also Copyright

Decentralized law-finding systems, 304–309, 325–327, 334–338

Found law, 298

Government and state distinguished, 295 n.2

Government courts, extra-market powers and disguised legislation, 308–309

Internet and IP enforcement, U.S., 407–408. See also Internet

IP legislation, 426–428

Jury trials, right to, 340. See also Jury trials

Law, legislation, and liberty, 301–329. See also The State

Legislation, dangers of making law by, 295–296

Legislation, illegitimacy of, 378

Legislation, role of, 332–340

Libertarian conception of individual rights, 300–301

Line-item veto power by executive branch, 340

Naive rationalism, 329–332

Precedent, role of, 307

Proliferation of laws, 327–329

Secondary role of legislation, 332–334

Socialism, impossibility of, 318–320

Special interests and unrepresentative character of legislation, 324–325

Structural safeguards to limit legislation, 338–340

Supermajority requirement, 339

Uncertainty, negative effects of, 312–316. See also Certainty

Leoni, Bruno

On central planning, 318, 320–321, 324, 681

On decentralized legal system, 304–306, 309

Economic calculation problem, Mises’s and Hayek’s interpretation of, 316–318

On free market, 296

On legislation, role of, 314–315, 333–334

Letters Patent, 441–442

Lévêque, François and Yann Ménière, 384–385

Lewis, Todd, 261

Lex talionis

Proportionality and, 95

In rape cases, 107

As theory of punishment, 69

Liability

Coercion and, 186

For criminal conspiracy, 188

Fixed pie of responsibility fallacy, 189–190

Intervening cause, 179 n.24

Joint and several, 181, 189–192, 656

Punishment and, 105–106

Strict liability, 425–426 n.74

Libertarianism, 1–42. See also Dialogical arguments for libertarian rights; Libertarian legal theory

Anarchist left-libertarians, 627

Anarcho-capitalism, 39–42. See also Anarcho-capitalism

Anarcho-capitalist libertarians, 627

Anti-land-ownership libertarians, 633

Anti-state position, 680

Anti-war position, 680

Austrian economics and. See Austrian economics

Bleeding heart libertarians, 626–627

Consistency and principle, 27–29. See also Consistency and principle

Contract law and. See Contract, libertarian theory of; Title-transfer theory of contracts

Core insights of founders of modern libertarianism, 619–628

Democracy and, 682

Future of, 690–692

Individual rights. See Dialogical arguments for libertarian rights; Individual rights

Influential figures and books, 676–678

Insights on what’s clearer in last fifty years, 679–683

Intellectual property. See Intellectual property (IP)

Internet and IP, response to, 408–409. See also Internet

Issues that divide or confuse, 684

Kinsella and, 3–9

Knowledge, sharing and dissemination of. See Knowledge

Libertarian party, founding of, 678

Libertarian property rights. See Property rights

Liberty, structure of, 505

Liberty, theories of, 329–330

Modern movement, 676–679

Mutualist occupancy, 34–37

Natural-rights libertarians, 153 n.31

Non-aggression principle. See Non-aggression principle

Principled vs. single-purpose positions, 679–680

Property, concept and definition, 29–30, 458–459

Property, rights, and liberty, 358–361. See also Property rights

Property in bodies, 16–19. See also Human bodies; Self-ownership

Property in external things, 21–26. See also External resources

As radical doctrine, 680

Rationalism, civil law, and, 298–301

Scarce resources. See Scarce resources

Self-ownership and conflict avoidance, 19–21. See also Conflict avoidance; Non-aggression principle; Self- ownership

State, opposition to, 625–626

Statist-libertarians, 625–626

Types of libertarians, 526–527

Unclear language and metaphors, danger of, 685–690

What libertarianism is, 11–37

Libertarian legal theory, 165–351. See also Dialogical arguments for libertarian rights

Causation and aggression, 167–202. See also Causation and aggression

Contract, libertarian theory of, 203–239. See also Contract, libertarian theory of; Title-transfer theory of contracts

Inalienability and punishment, 241–261. See also Inalienability; Punishment

Legal system, purpose of, 168

Legislation and discovery of law in free society, 293–351. See also Legislation and discovery of law in free society

Non-aggression and title transfer, 283–292. See also Non-aggression principle; Title-transfer theory of contracts

Selling does not imply ownership, and vice-versa, 263–281. See also Selling, ownership and

Libertarian Papers, 355

Libertarian Party Platform, 273

Libertarian rights. See Property rights; Individual rights

The Libertarian Standard, 263, 671

Libertopia, 449

Liberty magazine, 586

“Breakthrough or Buncombe?,” 588

Liggio, Leonard and Tom G. Palmer, 326

Lippert-Rasmussen, Kasper: Asymmetry Thesis, 22 n.26

Litvinoff, Saúl, 521 n.58, 647

Lloyd, Jack, 183–183 n.31–32, 190

Loans, 220, 235, 238, 290, 313

Lobbyists, 325, 338, 340, 385, 407

Locke, John

On acquiring unowned resources, 62–63

On adverse possession and constructive abandonment of property, 34–35

On copyright for authors, 434–435

On homesteading or original appropriation. See Homesteading; Original appropriation

On IP as natural right, 433–435

On killing in self-defense, 242–243

Labor theory, 445, 460, 687

Libertarian/Lockean creationism, 386–390, 416–418

Libertarian movement, role in, 676

Lockean proviso to homesteading, 547

On property rights, 418, 632

On restitution and restraint, 247

On retaliatory force, 111

On self-ownership, 56

Logical positivism, 541 n.23

Logorights and media-carried property. See also Copyright; Intellectual property (IP); Pattern/logos

Development of idea, 422 n.63

Kinsella and Schulman, conversation on, 449–480

Original argument for, 439

Lomasky, Loren, 138

Long, Roderick, 422, 424

Lora, Manuel, 11

Louisiana Civil Code, 215, 350–351, 576

Lucas, George, 657

Machan, Tibor

On argumentation ethics, 138

“Breakthrough or Buncombe?,” 588

Human Rights and Human Liberties, 8

Individuals and Their Rights, 8

On intellectual property, 386

On norms in argumentation, 154

Reason Papers, 8

On retaliatory force, 111

Machlup, Fritz, 384, 428

Machlup, Fritz and Edith Penrose, 427

Madison, G.B.

Argumentation ethics-related theorists and, 128–132

On natural law theory, 132 n.37

On norms in argumentation, 154

Madison, James, 433

Marcus, BK, 481

Marijuana legalization, 643, 679

Marxism. See also Socialism

Hard-core beliefs of, 613

Labor value, theory of, 419, 638

Praxeology, reformed by, 613–614

Massey, Calvin R.: Silent Rights: The Ninth Amendment and the Constitution’s Unenumerated Rights, 585–615. See also Ninth Amendment

Matheson, Richard, 464

The Matrix, 496

Mavrodes, George: “Property,” 421 n.62

McCaskey, John, 677

McCullogh, Declan, 407

McElroy, Wendy

On IP, 402, 437, 446, 651, 668

Neil Schulman, debate with, 451–452 460–461

McPherson, Isaac, 434

Media-carried property. See also Copyright; Intellectual property (IP); Pattern/logos

Kinsella and Schulman, conversation on, 449–480

Logorights and, 439

Schulman’s position on, 422 n.63

Medicare, 393

Menell, Peter, 430–431

Menger, Carl, 419–420 n.58

Principles of Economics, 495–496

Mercantilism and protectionism, 441, 652, 664, 666, 672

Metaphors, danger of, 263–64, 431, 685

Meurer, Michael and Jim Bessen, 385

Mill, John Stuart, 676

Mises, Ludwig von

On action, 391–392

On Austrian economics, 474

On calculation, 507–508

On central planning, 321, 337

De Jasay, similarity to epistemology of, 538

Distinguishing juristic from economical, 276–277

“Economic Calculation in the Socialist Commonwealth,” 319

On economic calculation problem, 316, 320, 508

On economics, 477

On free goods, 482, 496–497

On free trade, 322

On governmental power, 580–581

Human Action: A Treatise on Economics, 277–278, 537, 676–677

On human action, 27–28, 170 n.9, 375–376, 475, 628–629, 690

On human means, 176–177

Influence on Rothbard, 628–629

Keynes versus, 614

Kinsella and, 6, 648–649

Liberalism, 676–677

On logical positivism, 541 n.23

Misesian libertarianism, 673

On ownership, 272

On paralogia, 453

On praxeology, 601–603, 656

On self-ownership, 271

Socialism: An Economic and Sociological Analysis, 276–277

On socialism, 318

Utilitarianism and, 544

Mises Institute, 8–9, 499, 660

Molinari, Gustave de, 676

Monopolies

Bill of Rights and state power to create, 472

Copyrights and patents as, 379 n.56, 380, 385, 393–396, 400, 427–429

Founders on IP as monopoly, 433–435

History of IP as, 440–442

Intellectual property as, 380, 433–434, 652, 659, 665–666

Money and banking, state monopolies, 611–612

Of political power, 332, 364 n.22, 457–458, 608, 685

State grants of monopoly privilege, 444, 456–457

Statute of Monopolies of 1623, 442–443, 445

Taxation as action of state monopoly, 378 n.53

Monsanto Corporation, 458

Montessori education, 637

Morris, Herbert, 110

Mortellaro, Matt: “Causation and Responsibility,” 185–186 n.36–38

Murder, 80–82

Another person as means, 182–183

Capital punishment. See Capital punishment

Causation and, 172–175

Cause-in-fact and proximate cause, 200–201

Human means and, 176–177

Innocent human as means, 177–181

Means for, 181–182

“Mere” speech as cause, 194–195

Punishment for, 100–101. See also Punishment

Murphy, Robert P.

On arguing with your slave, 158–160

Argumentation ethics, critique of, 137, 140, 152–164

On claims made during argumentation only, 163

On ethics of argumentation, 154–155

On goods, scarce and nonscarce, 481

On self-ownership, 156–157

On universalizability, 145–146 n.18, 155–156

Music industry, 405–407, 410, 661–662

Mutualist occupancy, 34–37

Naive rationalism, 329–332

Nance, Dale A., 380–381

Narveson, Jan

On retaliatory force, 112

On self-ownership, 62

National Organization for the Reform of Marijuana Laws (NORML), 679

Natural rights

Abstract principles of justice, 522, 525

Argumentation ethics and, 119–121

Background rights, 520, 533

Classical theory of, 595–596

Components of, xiv–xviii

Hoppe on, 597, 684

Illusion of, 127

Ninth Amendment and, 557, 568–569, 573–576, 578–579

Positive rights and, in Ninth Amendment, 576–577

Procedural natural law position, 131 n. 34

Property rights as, 452–453

Rights-skepticism and, 245 n.14

Rothbard on, 139

Rule of law and, 304

Schulman on, 460, 472

Negative easements, 413–416, 424

Ninth Amendment, 551–583

Constitutional cy pres, 556, 561–568

Constitutional interpretation or political theory?, 581–583

Court enforcement of enforceable rights originating in state constitutions, 568–571

Dual purposes of, 556–561

Enumerated rights and, 567

Federalism and, 575–580

Implied powers and governmental interpretation, 561–562

Instrumental value of Constitution and, 551–556

Interpretive methods for understanding, 566

Limited powers purpose of, 565, 580–581

Limiting unwarranted expansions of governmental power, 562–563

Massey’s interpretation, 569–570, 575–581

National concept of rights, 571–572, 577–578

Natural Ninth Amendment rights, 567–568, 573–577

Natural rights and. See Natural rights

Positive ninth amendment rights, 567, 568–573

Purpose of, 558–560, 569–570

Rights and powers and, 564–565

Single-purpose interpretation of, 558–559

State-sourced rights and, 575–576, 579

State sovereignty and, 557

Tenth Amendment, relationship with, 560–561

Text of, 556

Unenumerated rights and, 559–561, 565–566, 578–579

Nock, Albert Jay, 676

Non-aggression principle. See also Conflict avoidance

Aggression and, 79–80. See also Aggression

Alienability of rights and, 245–246. See also Inalienability

Anarchism and, 41–42. See also Anarcho-capitalism

In argumentation ethics, 149–151. See also Argumentation ethics

Defensive force and, 245–247, 642, 687

In early libertarianism, 619–622

Estoppel and, 6–7. See also Estoppel

Fraud and, 236–237. See also Fraud

Initiation of force, 657

Libertarianism and, 284–287, 362–363, 374–375

In libertarian society, 12

Objections to, 624–625

Ownership of scarce resources and, 117–118. See also Scarce resources

Preventive force, 529–530

Property rights, dependence on, 359. See also Property rights

Title transfer and, 283–292. See also Title-transfer theory of contracts

Trademark and contract and, 287–292. See also Contract, libertarian theory of; Trademark rights

Non-consensual negative easements, 413–416, 424

Nonscarce resources, 481–500. See also Scarce resources

Austrians on free goods, 495–499

As basis of intellectual, technological and artistic progress, 493–494

Benefits to humanity, 500

Books and articles, 491–492

Civilization, Replication and, 493–495

Digitally encoded information, 489–490. See also Pattern/logos

Economizing of, 491–492

Example of, 487–489

Goods, scarce and nonscarce, 490–493. See also Goods

As guides for action, 490. See also Human action

Knowledge as. See Knowledge

Naturally nonscarce, examples of, 491

Progress, intervention, and nonscarce goods, 499–500

Replication and, 486–490

Technology’s proliferation of, 494–495

Norms in argumentation, 147–149

De Jasay on, 543–545

Property rights and conflict avoidance, 148–149

North, Gary, 647

Nozick, Robert, 5

On aggression, 626

Anarchy, State, and Utopia, xix, 114

De Jasay on, 542, 546

Obama, Barack, 690

Objective links, 51–60

Direct control, 52–55, 60–63

External resources, 624

External resources, appropriation of, 370–374

Human bodies, 52. See also Human bodies; Self-ownership

Ownership and, 634–635

Property rights and, 149–152, 268–270, 623–624. See also Property rights

Self-ownership, 368–369. See also Self-ownership

Objectivism

Axiom, use of term, 620–621

Creationism and, 387

IP, views on, 335

Kinsella and, 4–5, 648

Observational reality, 604–606

Rand as founder of, 16 n.13, 362 n.17, 677

Obligations, law of, 521 n.58

One-world government, 612–613, 669

Oppenheimer, Franz, 676

Ordered anarchy, 537–549. See also Anarcho-capitalism

Original appropriation. See also Homesteading

De Jasay on, 547–548

Libertarian property rights and, 15

As objective link, 21–22, 269, 370–371

Ownership concepts and, 277

Of scarce resources, 205–206

Origitent, 437–448

Conversation with Kinsella about logorights and media-carried property, 449–480. See also Logorights and media-carried property

Copyright, history of, 442–443

Historical and modern arguments about IP, 445–447

Industrial age, IP in, 443–445

Introduction to, 437–448

IP, historical setting of, 440–443

Patents historically, 441

Pattern/logos. See Pattern/logos

Real pirates, 441–442

Reason for writing, 438–440

Statute of Monopolies of 1623, 442

Osterfield, David, 138

Ownership. See also Property rights

Actual possession with intent to own, 272

Body and goods ownership distinguished, 655

Conditional nature of sale or purchase, 290–291

Conditions for, 467–468

Creation and, 388–390

Defined, 35, 639

Determining, 268–270

Loss of, 34–37

Objective links and, 634–635

Ownership implies selling fallacy, 264, 275–276

Possession vs., 274, 276–281, 371–372

As right to exclude others, 32, 654

Of scarce goods, 490

Selling and, 263–281. See also Selling, ownership and

Selling implies ownership fallacy, 264–265, 274–275

State-granted, 633–634

Pacifism, 260–261

Paine, Thomas, 676

Paley, Nina: Copying is Not Theft, 475

Palmer, Tom G., 326, 402, 651, 664

Palmer, Vernon, 304, 311–312

Paralogia, 453, 455

Parents as first owners. See Children

Patents. See also Intellectual property (IP)

Defined, 379–380

As deterrents to progress and technology, 564

Enforcement of, 667

Historically, 441, 666

Ideas, property rights in, 471

Internet era and, 407

Legal basis for, 443

Letters Patent, 441–442

As monopolies or state-granted privileges, not property rights, 427

Pattern/logos as thing. See Pattern/ logos

Property rights, erroneously labeled as, 427–429

Rights granted by, 414–415

As statutory schemes, 393

Threats from, 446–447

World without, 664–665

Pattern/logos. See also Copyright; Intellectual property (IP)

Ideas and, 630

Impatterning, 422–423, 461, 463–465

Patents for, 380

Patterned media, 390–391, 470

Patterson, Isabel: The God of the Machine, 676

Paul, Ron, 625

Peikoff, Leonard, 4

Physical violence

Aggression as, 17, 362, 620, 677. See also Aggression

Punishment as, 70, 71 n.16. See also Punishment

Pilon, Roger A.

Generic consistency principle, 133–135, 598–601

Norms in argumentation, 154

Piracy

History of IP and real pirates, 441–442

In internet age, 397, 446

Platonic metaphysics, 469, 479

Politics. See also Anarcho-capitalism; Libertarianism; The State

Against Politics by De Jasay, Kinsella review of, 537–583. See also Against Politics: On Government, Anarchy, and Order, by Anthony de Jasay, review of

Electoral, 679

International, capitalism and, 592–593 n.14, 611–613

Left-right spectrum, 627–628

Ninth Amendment and. See Ninth Amendment

Political activism, 625, 679

Principles of, 22–23 n.27, 370–371 n.34, 545–546

Socio-politics, Kinsella’s approach to, 669–670

Violence and, 129

Polycentrism, 531–532. See also Anarcho- capitalism

Popper, Karl, 329–330, 543–544

The Open Society and Its Enemies, 541–542

PorcFest, 455

Pornography, 89–90

Possession. See also Property rights

Actual control, 371

Adverse, 34–37

Of external resources, 272

First use or possession. See First use

Homesteading. See Homesteading

Intellectual property and, 486

Of knowledge, 419, 487. See also Knowledge

Of nonscarce goods, 489. See also Nonscarce resources

Of own body. See Self-ownership

Ownership distinguished from, 23–25, 34, 150, 224, 274, 276–281, 692

Prior-later distinction. See Prior-later distinction

Theft and, 234, 238. See also Theft

Transfer of, 226–227

Power and interest, problems of, 526–530

Praxeology

A priori of argumentation, 602–603

Action and mere behavior, distinction between, 169–170

Axiom of action and economics, 602–603

Defined, 168–169

Epistemology and ethics, application to, 601–603

Human action, 602

Kinsella’s reliance on, 474

Legal analysis and, 168–172

Marxism reformed by, 613–614

Precedents, 306–309, 339, 348, 548, 582

Preventive force, 529–530

Prices

As accessories of appraisement, 513

As encoded information, 508–509

As exchange ratios, 510–511

Forecasted future prices, 512–513

Information provided by, 319–322, 506–514, 516–517, 519

As intellectual basis of market economy, 319

Production and, 317

For scarce goods, 500

Speculative nature of, 511–512

Spontaneous development of, 322

Priest, George, 384

Principle, consistency and, 374–377

Principle of Generic Consistency (PGC), 135–136

Prior-later distinction. See also First use; Homesteading

Abandonment of property and, 227–228

Argumentation ethics, 149–152

For external resources, 371–374, 624

Hoppe on, 61–62

Importance of, 153 n.31

Justice and, xviii

Latecomers and, 24, 638

Self-ownership, applied to, 56–57

Private court systems, 306–308

Private property. See Property rights

Production

Exclusion costs, 396

Factors in, 512–514

Knowledge and, 392

Means of, 141, 157, 176–177, 319, 360

Nonscarce goods and, 496–497, 500. See also Nonscarce resources

Prices and, 317

Of security, 607–608

Structure of and time preference, 313–316, 328, 491, 499

Wealth and, 389–390, 417, 608–609. See also Wealth

Profits, 396–398, 410, 419, 444, 613, 661–663

Promises. See also Contract, libertarian theory of

as Aggression, 222

Binding, 258–259 n. 48, 641, 653–654

Consideration and, 212–214

Enforceability, 210–212, 229–230, 641–642

Enforcement of, 221–223

Promissory estoppel, 122–123, 214–216

Revocability of, 256–257

Property allocation theory, 152, 622–623, 691–692

Property and Freedom Society, 263, 650

Property crimes, 69, 91, 102–103

Property rights. See also Contract, libertarian theory of; Title-transfer theory of contracts

Abandonment of property, 34–37, 226–228, 273–274, 655

Action, limits on, 267–268, 425

Aggression and, 690–691. See also Aggression

Concept and definition, 29–30

Conflictable resources as, 687–688. See also Scarce resources

Conflictable vs. scarce resources, 33

Conflict avoidance and, 268, 376, 514–519. See also Conflict avoidance

Contract and, 204–207

Creation not basis for, 389–390, 416–418

Defined, 266, 360

Exclusion of nonowners, 32, 141, 204 n.1, 266, 396, 546, 548

External resources, 21–26, 272–273, 370–374

External scarce resources, 273–274

Fraud and, 238. See also Fraud

Goods, scarce and nonscarce, 481–500. See also Goods; Scarce resources

Human rights as, 628–630

In ideas, 471. See also Patents

Importance of, 630–631

Intellectual artifact, property as, 464

Internet and IP threats to, 408–409. See also Internet

IP, impossibility of assigning property rights to, 413–414. See also Intellectual property (IP)

IP and normal property rights, differences between, 426–432

Justice and, xvii

Labor theory of, 418–419, 631–632, 638, 687–688

In libertarian society, 14–16, 359–361, 621–622

Limitations on, 424–426

Loss or transfer of, 206

Might-makes-right approach, 23–24

Mutualist occupancy, 34–37

Objections to ownership, 633

Objective link and, 148–152, 268–270. See also Objective links

Ownership. See Ownership

Original sin in land titles, 25–26, n.36, 268 n.12, 689

Particular conflictable resource owned, not characteristics of resource, 421–422

Political theories of, 13–14

Primary economic role of private property, 508

Property, defined, 29–30, 205 n.1, 279

Property in bodies, 16–19. See also Self-ownership

Property rights, defined, 266

Public property rights vs. private, 11–12 n. 1

Punishing aggressive behavior against, 90–93

Purpose of, 636

Real property. See Real property

As right between people, 32–33

Relevant technological unit, and, 25 n.34, 373 n.42, 636 n.39. See also Homesteading, Determining what counts as by the framing of the dispute

Rights, liberty, and, 11–14

Scarcity and property rights, 265–281, 629–630. See also Scarce resources

Self-ownership. See Self-ownership

Source of, 689–690

In stateless society, 358–361

Strict liability and, 425 n.74

Theories of, 206–207, 460

Things, defined, 31

Title, traced back to common author, 24, n.33, 268 n.12

Proportionality of punishment, 69, 93–96, 100, 104–106, 642

Prosperity. See Wealth

Protectionism and mercantilism, 441, 652, 664, 666, 672

Protect IP Act (PIPA), 408

Proximate cause, 197–198

Public goods theory, 607–608

Punishment

Aggression, distinguished from, 70

Of aggression, action that is, 182

For aggression against property, 90–93, 102–103

Aggression and causation and, 175

Of aggressive behavior, 79–83

Assault, threats, and attempts, 103–104. See also Assault; Threats

Barnett on, 243–244

Burden of proof, 104–108

Consent and, 70–72, 89

Corporal vs. taking property from aggressor, 108

Defense, restitution, and inalienability, 245–247

Enhancing due to other factors, 99–102

Estoppel, 72–93. See also Estoppel

Factors for choosing appropriate punishment, 107

Inalienabiity and, 241–261. See also Capital punishment

Institutional, 244 n.12

For invasion of borders of others’ owned resources, 640–641

Justifying, 20 n.20, 66, 69–72, 75, 376–377

LeFevre’s pacifism and, 260–261

Legitimacy of, 528–529

Lex talionis/retributionist theory of, 69, 95, 107

Meaning of, 70

For murder, 80–82, 100–101

For non-aggressive behavior, 79–80, 88–90

Nonequivalence of crime with punishment, 96

Passage of time, relevance of, 86 n.50

Proportionality of, 69, 93–96, 100, 104–106, 248, 593, 642

Purposes of, 66–67

For rape, 96–99, 107–108

Responsive force, justice of, 109–112

Restitution instead of, 243–244, 527–529

Rights and, 65–112

Slavery as, 159–160

Of theft, 91, 99

Theories of, 104

Timing and estoppel, 85–88

Types of, 93–104

Universalizability of, 94–95

Utility of, 249–252

Victim’s options for, 95–99, 249–252

Wrongdoer’s consent to, 70–71

Quitclaim deeds, 226–227 n.41

Rand, Ayn

On abortion, 636–637

Atlas Shrugged, 461–462, 677

Axioms, 285

On consistency and contradiction, 77

Epistemology, 467, 603–605

The Fountainhead, 4, 645, 648, 676

“Francisco’s Money Speech,” 626

Galt’s speech, on non-initiation of force, 619–620

Hyper-rigorous logic of, 644

On IP, 650–651, 659

Kinsella and, 3–5, 294

On libertarianism, 648–649

On natural rights theory, classical, 595–596

On non-aggression principle, 16–17, 362, 624–625

Objectivism, founder of, 677. See also Objectivism

On patent and copyright, 400–402, 417–418, 452–453

Radical capitalism of, 678

“Rand’s Razor,” 566 n.63

Rothbard, influence on, 628

Ruthless pursuit of justice, 648

Spiritual, use of term, 469

Rape, 96–99, 107–108

Rasmussen, Douglas B.

On argumentation ethics, 139

“Breakthrough or Buncombe?,” 588

Rasmussen, Douglas B. and Douglas J. Den Uyl, 112

Ratio Journal, 587

Rational agency, 59

Rationalism

British, 329–330

Civil law, libertarianism, and, 298–301, 304

Critical/evolutionary, 329–330

Defined, 298–299 n.9

French, 330

Naive, and primacy of legislation, 329–332

Rawls, John, xiii

Read, Leonard, 395

Foundation for Economic Education, 677

Real property. See also Homesteading; Property rights

De Jasay on, 548

Land ownership, 631–634

Registration of, 459

Reason magazine (Cato Institute), 460

Rectification

From aggressor, 160

Libertarian view of, 15

Property transfer for purpose of, 232, 269, 273, 624, 635, 692

Reichman, Jerome H., 396

Reinach, Adolf

On causation and aggression, 199–202

Mises Institute Symposium on, 656

Reisman, George, 403

Religion, 414, 560, 629–630

Replication of nonscarce resources, 486–490

Responsive force, 109–112, 211, 246, 248

Restatement (Second) of Torts, 179, 214–215

Restitution and retribution

Calculating, 102

Enforcement of, 256

Inalienability, defense, and punishment, 245–247

Perfect restitution, 96

Property rights and, 636, 692

Punishment, restitution instead of, 243–244, 527–529

Punitive rights, 108–109

Restitution vs punishment, 249–252

Retributionist theory of punishment, 69

Retribution vs. restitution, 527–529

Self-ownership and, 642

Theory of restitution, 243–244

To victims of state aggression, 633, 643

Review of Austrian Economics, 587

Reviews, 501–780

Against Politics: On Government, Anarchy, and Order, by Anthony de Jasay, review of, 537–549. See also Against Politics: On Government, Anarchy, and Order, by Anthony de Jasay, review of

Capitalism, undeniable morality of, 585–615. See also Capitalism

Knowledge, calculation, conflict, and law, 503–535. See also Knowledge

Ninth amendment, Massey on, 551–583. See also Ninth Amendment

Revolutionary War, 680

Richman, Sheldon, 138

Ricouer, Paul, 129

Ridpath, John, 5

Rights. See Property rights; Individual rights

Roads and highways, 459–460

Robbery, 180–181

Robinson Crusoe, 161, 221 n.32, 272, 275, 277, 319, 598

Rockwell, Llewellyn H., Jr.

Kinsella and, 8–9, 649

On state as enemy, 671

Roman law, 346–348. See also Decentralized legal systems

Body of law developed by, 522–525

Decentralized system, 296–298

Estoppel, 72–73

Libertarianism, relation to, 294

Modern corruption of, 350

Precedents not absolutely binding under, 307

Rome, Gregory and Stephan Kinsella: Louisiana Civil Law Dictionary, 351

Rothbard, Murray

On a priori axiomatic knowledge, 593

On aggressive intervention, 592–593 n.14

On argumentation ethics, 121, 132, 138–139

“Breakthrough or Buncombe?,” 588

On calculation problem, 317

On central planning and socialism, 319–320

On child’s capacity to say no, 59

On communism, 153 n.31

On contract theory, 275, 640–641, 688

On debtors, 233–236

The Ethics of Liberty, xviii–xix, 595, 620

Evers-Rothbard title-transfer theory, 203, 216–218. See also Title-transfer theory of contracts

On free goods and production, 497

On free speech, 193 n.54

Human rights as property rights, 12, 47, 359, 622

“Human Rights as Property Rights,” The Ethics of Liberty, 628–629

On inalienability, 57, 229–233

On inciting other to commit crime, 183–184, 186–187

On just wars, 680

Kinsella and, 6, 8–9, 294, 649

On knowledge guiding actions, 392

On law in free society, 343–344

Lex talionis theory of punishment, 69

On liability of instigator of actions, 184–184 n.32–33

The Libertarian Forum, 677

Libertarianism in U.S., beginning of, 676–677

Man, Economy, and State, 9, 649–650, 677

Mises Institute Symposium on, 656

On natural rights theory, classical, 595–596

For a New Liberty, 4–5, 677–678

Nonaggression axiom, 619–620

On non-aggression principle, 16–17, 284–285, 362, 625

On objective ethics, 544

On pacifism, 260–261

Power and Market, 677

On pricing, 512–513

On promises, enforceability of, 640

On public goods dilemna, 542–543

On punishment, 66, 99–100

Rothbardian libertarianism, 673

On scarcity, 482–483

On self-ownership and alternatives, 366 n.27

On theory of natural law, 286–287

Title-transfer theory, 216–218, 224, 652–655

Rule of law

Certainty, legislation and, 303–305

Compliance with rules, 527–528

Defined, 303–304

Knowledge problem and, 519–521

Partiality and power, problems of, 526–530

Problem of knowledge and, 519–521

Salerno, Joseph

Dehomogenization debate, 316–317

On goods, scarce and nonscarce, 481

On production and consumption, 499

Salinger, J.D.: Catcher in the Rye, 379, 657

Sartori, Giovanni, 305, 324

Scarce means

Disputes over, 628–630

Distribution of, 491–492

Exclusive control over, 141

Human action and, 170 n.9, 280, 375, 388, 474–478, 690–691. See also Human action

Knowledge distinguished from, 419–420, 496. See also Knowledge

Property rights and, 623

Scarce resources, 481–500. See also Nonscarce resources

Alienability of, 258

Argumentation ethics and, 140–141

Bodies. See Human bodies; Self-ownership

Conflictable vs. scarce, 33, 410

Conflict-avoidance and, 629

Conflicts, 265

Goods, scarce and nonscarce, 481–500. See also Goods

Hoppe on, 91–92

Information not scarce resource, 393

IP and, 402

Land ownership, 631–634

Libertarian property rights and, 13–16

As means for action, 490, 623, 628–629

Objective link, 269, 635. See also Objective links

Original appropriation of, 205–206. See also Original appropriation

Ownability of, 654. See also Ownership

Particular conflictable resource owned, not characteristics of resource, 421–422

Pattern/logos as thing. See Patents; Pattern/logos

As practical precondition for argumentation, 147–149

Prices and, 507–514. See also Prices

Progress, intervention, and nonscarce goods, 499–500

Property allocation, theory of, 152, 622–623, 691–692

Property rights and, 13–14, 265–281

Scarcity, meaning of, 486

Scarcity and, 482–486

Scarcity as rivalrousness, 410

Title-transfer theory of contracts and, 653. See also Title-transfer theory of contracts

Schneider Harrison law firm, 647

Schulman, J. Neil

Alongside Night, 474

“Human Property,” 457, 464, 468

“Informational Property: Logorights,” 453, 462, 474

“Informational Property Rights,” 465

On IP, 446

Kinsella, conversation about logorights and media-carried property, 449–480. See also Intellectual property (IP); Pattern/logos

“The Libertarian Case for IP,” 475

Logorights. See Intellectual property (IP); Logorights and media-carried property

Media-carried property. See Logorights and media-carried property; Pattern/logos

Origitent, Conversation with Kinsella about logorights and media-carried property, 449–480. See also Logorights and media-carried property

Origitent: Why Original Content is Property, 437–448

The Rainbow Cadenza, 463, 472

Schwartz, Peter, 4

Security

Public goods theory and production of, 607–608

Right to, 110

Self-defense, 82–83, 529–530

Self-ownership, 45–63. See also Human bodies; Voluntary slavery

Alternatives to, 366 n.27

Argumentation ethics, presumption of in, 150, 590–591

Asymmetry Thesis, 22 n.26

Bodies, property in, 361–364

Body as scarce resource, 46 n.2, 654

Children. See Children

Communist alternative to, 56

Conflict avoidance and, 19–21, 57, 365–369, 376

Defined, 45 n.1, 270–272

Direct control and objective links, 60–63

First use and homesteading, 47–48

Goals, bodies as means for pursuit of, 361

God as slaveowner, 160–163

Hoppe and Kinsella on, 48–49 n.7

Justice and, xvii

Libertarian view of, 15–16, 691

Non-aggression principle and, 12–13 n.4, 622–624. See also Non- aggression principle

Objective link, 51–60, 269, 368–369, 634. See also Objective links

Parents as first owners, 48–49

As precondition for action, 484–485

Prior-later distinction and, 56–57

Slave, arguing with your, 158–160

Slavery and other service contracts, enforceability of, 230–233

State claims of legal right to control bodies, 45–47

State limits on, 363–364

Title-transfer theory of contracts and, 228–229. See also Title-transfer theory of contracts

Universalizability and, 367–369. See also Universalizability

Selling, ownership and, 263–281. See also Property rights

Conditional nature of sale or purchase, 290–291

Economic vs. normative realms of analysis: ownership vs. possession, 276–281

External resources, 272–273

External scarce resources, 273–274

Fallacies regarding, 263–265

Of labor or information, 276, 278–281. See also Intellectual property (IP)

Limits on action, property rights as, 267–268

Objective link, property rights and, 268–270. See also Objective links

Ownership implies selling fallacy, 264, 638–640, 689

Scarcity, property rights, and, 265–281

Self-ownership and, 270–272. See also Self-ownership

Selling implies ownership fallacy, 264–265, 274–275, 423–424, 639–640, 689

Serling, Rod, 464

Shaffer, Butler: “What is Anarchy?,” 39

Shearmur, Jeremy, 131

Slaughter-House Cases (U.S. 1873), 563

Slavery

Arguing with your slave, 158–160

Children’s self-ownership and, 49

Consent and, 256–257

Enforceability of service contract for. See Voluntary slavery

God as slaveowner, 160–163

Promising self to be slave, 274–275

Right to use force by owner vs. transfer of will, 230–231

Voluntary contracts for. See Voluntary slavery

Slutskiy, Pavel: Communication and Libertarianism, 109

Smith, George

“A Killer’s Right to Life,” 241–261. See also Inalienability

“Justice Entrepreneurship in a Free Market,” 241

On moral agency, inalienability of, 254 n.38

On self-defense and capital punishment, 242–243

Smith-Ricardo-Marx labor theory of value, 419

Sobran, Joe, 551, 583

Social contract theory, xii–xiv

Socialism

Anarchism and, 40

Central planning vs. free market, 330, 508–509 n.22

Communism. See Communism

Hoppe on, 19 n.19

Impossibility of central planning and, 318–320

Indefensibility of, 541–542

Left as, 627–628

Libertarianism and, 3

Marxism. See Marxism

Property rights and, 13, 360

Scarce goods and, 494

Universalizability and, 155

Value, theory of, 419

Sowell, Thomas, 331–332

Special interests, legislation and, 324–325, 327–328

Special statutes, 311–312

Specific performance, 208–209

Speech as cause, 192–196

Spencer, Herbert, 676

Spooner, Lysander

On IP, 446

Libertarian movement, role in, 676

On supporters of the Constitution, 610–611 n. 69

Standard of proof, 528

Stare decisis, 307–308, 525

The State. See also Politics; Stateless society, law and intellectual property in

Action by, 545–546

As aggressor, 27, 40, 302–303, 377–378, 592–593, 625–626

Buying support of populace, 610–611

Constitution, interpretation of, 553–556. See also U.S. Constitution

Definition of, 686 n.31

Drug laws, 643–644, 679

Government distinguished from state, 295 n.2, 609–610 n.66

Individual rights, state powers and, 559–561

Institutionalized aggression and inherent criminality, 377–378

Intractable problems of, De Jasay on, 539

Legitimacy, presumption of, 525, 555 n.7

Legitimacy of and non-aggression principle, 40–42

Libertarian anti-state position, 680

Ninth Amendment’s role in limiting unwarranted expansions of governmental power, 562–563, 580–581

One-world government, 612–613, 669

Partial ownership of subjects’ bodies, claims of, 45–47

Propaganda and public opinion, 610, 612

Public schools, 684

Redistribution of wealth, 612

Self-ownership and property ownership, opposition to, 27

State-assigned property ownership, 633–634

State sovereignty, Ninth Amendment and, 557

Statist-libertarians and, 625–626

Term, misuse of, 685–686

Undeveloped resources, state ownership of, 633

U.S. legal system and prisons, 669. See also Legal systems

Stateless society, law and intellectual property in, 355–398. See also The State

Bodies, property in, 361–364. See also Self-ownership

Consistency and principle, 374–377

Contractual approach to IP, 390–391

External things, property in, 370–374

IP, libertarianism applied to, 379–393. See also Intellectual property (IP)

Learning, Emulation, and Knowledge in Human Action, 391–393. See also Knowledge

Libertarian creationism and, 386–390

Libertarian framework, 358–378

Property, rights, and liberty, 358–361

Self-ownership and conflict-avoidance, 365–369

State aggression, 377–378

State monopolies, 457–458

Utilitarianism, IP and, 382–386

State sovereignty

Ninth Amendment and, 557

Stationer’s Company guild, 442, 665

Statute of Ann of 1710, 442–443, 445, 665

Statute of Monopolies of 1623, 442, 445, 666

Statutes

Artificiality of, 348

Changeability of, 309–311

Copyright and patent, 651

Court decisions and, 333

Eminent domain statutes, 13, 361, 458

Legitimacy of, 534

Political process and, 325, 327, 339–340

Special, 311–312

Statutes of limitations, 335–337

Steele, David Ramsay

On argumentation ethics, 139

“Breakthrough or Buncombe?,” 588

Stop Online Piracy Act (SOPA), 379 n.56, 408, 670

Stossel show, 409

Strict liability theory, 425–426 n.74

Substantive facts, 148–149. See also Property rights

Scarcity, in argumentation, 147–149. See also Scarce resources

Tangible, defined, 411 n.30

Tannehill, Morris and Linda, 5–6

Taxation, 446, 592–593 n.14, 598, 608–611

Teleology, 607

Texas Jurisprudence Third, 322

Theft

Debtor’s prison and, 233–236

Fraud as, 237

Libertarian contract theory and, 233–236

Property rights and, 14 n. 7, 361 n.13

Punishment of, 91, 99

Things, defined, 31

Threats. See also Aggression

As aggression, 103–104

As assault, 529–530

Causation and, 184–186, 196

Culpability for, 183 n.31

As force, 12–13 n.4

By instigators, 188–190

Self-ownership and, 271, 629

Standing threats, 242–244

From state, 46, 304, 673

3D printing technology, 410, 489

Time preference

Crime and, 315–316

Structure of production and, 313–315

Uncertainty, effect on time preference, 314, 328

Tinsley, Patrick, 11, 167

Title-transfer theory of contracts, 216–223. See also Contract, libertarian theory of

Alienability of external resources and, 258

Body, property in, 228–229

Conditional transfers, 218–222

Current consent, 232–233

Enforcement of promises, 221–223, 229–233

Examples of, 217–220, 223

Fraud and, 236–239. See also Fraud

Future-oriented title transfers, 219

Homesteaded resources, 224–228

Inalienability, Rothbard on, 229–233, 652–655

IP and, 423–424

Kinsella’s development of, 652–655

Loan contracts, 220

Mainstream legal theories, problems with, 654–655

Non-aggression and, 283–292. See also Non-aggression principle

Ownership vs. possession, 224–225, 640–641. See also Ownership

Owning implies selling fallacy, 231–232

Performance of services, payment for, 220

Promises under, 217–218, 283–292

Theft and debtor’s prison, 233–236. See also Theft

Title theory of exchange, 223–224 n.36

Torts

Copyright law as tort law, 432

First possession as defense, 547

Intentional vs. negligent, 198 n.60

Intervening cause, 179

Liability of tortfeasor, 94 n.63

Mitigating harm, duty to, 50

Negligent torts, 198–199 n.60

Property theory, torts as subset of, 206

Rectification for, 269, 273

Theory of, 206–207

Totalitarianism, 551–553, 672. See also Socialism

Trademark rights

Evils of, 411

Fraud and, 239 n.65

Unlibertarian nature of, 287–292

True Law, 298, 322–323, 329–330

Truman, Harry S., 189

Tuccille, Jerome: It Usually Begins with Ayn Rand, 676

Tucker, Benjamin

On IP, 402, 446, 651, 668

Libertarian movement, role in, 676

Tucker, Jeffrey A. and Stephan Kinsella: “Goods, Scarce and Nonscarce,” 481–500. See also Goods

Ulpian, 70

Uncertainty. See Certainty

Uneasiness. See Felt uneasiness

Unforeseeability, 178–179, 198

Universalizability

Of aggression, 84–85

Argumentation ethics, 144–146, 155–156, 589–590, 599–600. See also Argumentation ethics

Estoppel of punishment and, 84–85

Generic consistency principle and, 134

Hoppe on, 144

Of punishment, 94–95

Of self-ownership, 56–57, 367–369

U.S. Constitution, 310

Bill of Rights, 571

Civil code, similarity to, 310–311

Due Process Clause, 445 n.12, 563, 571–572, 575

First Amendment, 67–69, 193 n.54, 560, 600

Fourteenth Amendment, 563–564, 567, 574

Governmental misconstruing of, 553–556

Government regulations and, 518

Instrumental value of, 551–556

Intellectual property and, 380–381, 383–384, 433, 443. See also Intellectual property (IP)

Ninth Amendment, 551–583. See also Ninth Amendment

Non-libertarian nature of, 682

Original function of, 567

Original understanding of, 554

Proposed amendments to, 582–583

Supporters of, 610–611 n. 69

Supremacy Clause, 580–581 n.144

Tenth Amendment, 560–561

U.S. Senate Subcommittee On Patents, Trademarks and Copyrights (1958), 384

U.S. Supreme Court

On common law, 336

Constitution, amendment of, 310, 554–555

Disguised legislation by, 308

Ninth Amendment, 572, 574, 577, 580–583

Perspective, shift in, 560

Utilitarianism, 544

IP and, 382–386, 472, 657

Perspective on intellectual property, 382–386, 412–413

Social contract and, xiv

Vaidhyanathan, Siva, 405–406

Van Dun, Frank

On ethics of dialogue, 130–131

On God as slaveowner, 162

On incitement, 195

On intellectual property, 283

On liability of instigator of actions, 185 n.35

On libertarian legal theory, 286–287

On mediating aggression through other persons, 181

On non-aggression and title transfer, 283–292

Norms in argumentation, 154

On social causation, 194 n.55

On trademark and contract, 287–292

On unlawfulness, 285

Victims of aggressive crimes

Aggressor, inflicting punishment on, 529

Harm done to, punishment and, 96

Options for punishment of aggressor, 95–99

Selecting punishment of aggressor, 104

Violence. See Aggression

Virkkala, Timothy: “Breakthrough or Buncombe?,” 588

Voluntary slavery

Alienability and, 684

Contracts for, 232–234, 275, 642, 653, 688–689

Ownership implies selling fallacy and, 264, 638–639

Speech and, 192–193 n.52

Walter, Raymond, 481

Watson, Alan, 333, 346

Wealth

Acquisition and increase of, 494 n.25

Creation as means of increasing, 388–390, 416–418

Maximization of, IP and, 385–386

Peaceful production of, 656

Redistribution by government, 612

Taxation and, 608–611

Technological knowledge and, 420

Weapons, right to own, 340

Wieser, Friedrich von, 537

Wile, Anthony

“Stephan Kinsella on Libertarian Legal Theory, Self-Ownership and Drug Laws,” 619–644

“Stephan Kinsella on the Logic of Libertarianism and Why Intellectual Property Doesn’t Exist,” 619–644

Wittgenstein, Ludwig, 78

Writers, IP and, 660–662

Writers Guild, 464

Yarros, Victor, 651

Yassin, Ahmed, 201–202

Yeager, Leland

On argumentation ethics, 138

“Breakthrough or Buncombe?,” 588

Yiannopoulos, A.N.

On Louisiana’s civil-law system, 351

On possession, 278–279

Property, concept and definition of, 29–30

On property rights, 360

Things, defined, 31

Yousendit, 667

YouTube, 667

Zero-aggression principle (ZAP). See Non-aggression principle

Zimmerman v. Zimmerman (N.Y.S. App. Div. 1982), 74