Just a couple days ago the New York City council voted to ban the practice by sanitation workers to sticker the window of vehicles that were violating the alternate-side street cleaning rules. Whilst the vehicle’s owner would still receive a parking violation fine, they are no longer allowed to punish drivers by defacing their vehicles with the hard-to-remove stickers. While I find the ban agreeable, I have a bone to pick with the general legislative approach.

One of the problems with positive law is that the mindset it encourages is antithetical to what should otherwise be a presumptive prohibition of aggression and the security of both property and personal liberties. Unlike the “negative” rights of common law, the legislative process of positive law will all too often err and enshrine legal principles that are unjust. This is not to say that legislators do not get it right sometimes– for example laws that prohibit murder, theft and fraud are all [potentially] perfectly just laws.

With a positive law mindset, actions that are not yet defined in the statutes lie in a grey area neither prohibited nor permitted “under the law”.  And later, if ever, when the statutes are codified, the result could be in having laws that don’t prohibit or permit enough, or in fact laws that prohibit or permit too much.  This is a problem inherent to a process that tries to encapsulate the entire range of possible actions and to explicitly codify them into the written law.

The presumptions now change- anything not explicitly forbidden is arguably permissible. Actions which are now prohibited lie beyond the reach of justice if they were carried out before the law was passed under the legal principle ex post facto. Of course it doesn’t necessarily have to be this way– laws that forbids theft and injury could already be understood to include all forms of theft, damage and injury without the codification of specific actions, i.e. “killing with a knife in the right hand using a stabbing motion”. What the positivist mindset encourages is the tendency to look at the codified word as the source of justice, so that one could then hair-split it so that the actual action is not specified and thereby not prohibited.

That said, property defacement should be considered a forbidden action (regardless of the actual codified law) and therefore there was no actual need for a specific law to ban the stickering practice. Instead the government could have enforced the already existing laws against property defacement to stop this punitive, vindictive crime.

As the post below, from Liberty Australia, notes, another scholarly libertarian journal is in the works. It joins existing journals such as Libertarian Papers, The Independent Review, and Reason Papers, as another outlet for scholarly articles on the topic of liberty and related fields like Austrian economics, with a focus on Australia.

	Journal of Peace, Prosperity & Freedom
	By Sukrit Sabhlok
		Submitted: Wed, 04/01/2012 – 3:35am Authored: Wed, 04/01/2012 – 3:35am

To mark the historic Mises Seminar in Sydney, Liberty Australia is launching The Journal of Peace, Prosperity and Freedom. It will be dedicated to Austrian economics, revisionist history, legal arguments from an individualist perspective and other topics not adequately addressed by the IPA Review and Policy. The primary focus will be on Australia, although analysis of other countries is welcome too.

Journals are typically peer-reviewed, so I will maintain a list of referees with expertise in the specialist topics covered by the review. If you are interested in acting as a referee please shoot me an email.

Information for Contributors

Frequency: once a year.

Distribution: Published and distributed online. A print copy can be ordered through Amazon.com. I can also set up a regular subscription system, for those who prefer it to be automatically posted to them.

Submissions are sought for:

(1) Research articles up to 5000 words in length;

(2) commentaries up to 3000 words

(3) book reviews of between 800-2000 words.

The citation format used is the Cambridge Style, so please make sure submissions conform to this.

There’s no deadline: submissions are accepted on a rolling basis.

If you’d like to be a volunteer editor, have graphic design skills or want to donate time or money in other ways, do get in touch.

Pretty much everyone knows–or should know–that many, and maybe most, of the points made by most politicians are of little value, amounting to little more than equine feces at best. A commercial I saw the other day illustrated that the same is true of TV commercials. (Yes, I realize that’s no discovery. But still…) The advertisement I saw featured a clean-cut young man making a pitch to “buy American-made gasoline at Kwik Fill” because doing so “strengthens our economy.” Do people believe that type of thing? The short answer is:  Yes. How do I know? Because presidents–and presidential candidates–have been saying pretty much the same thing for close to 4 decades, beginning with Nixon and continuing right up through Obama.

Rachel Maddow–not exactly a standard-bearer for libertarian ideals and the power of the free market–demolished this lunacy on her show, and the episode is immortalized on YouTube, under the appropriate title, “Oil Is Oil Is Oil.” There is no such thing as “foreign” oil and there is no such thing as “domestic” oil. There is no way to purchase oil from domestic sources or that “benefits Americans only.” Maddow covers many valid points in the video–which is recommended viewing–but in economics-speak, oil is fungible. As such, the concept of energy independence by lessening the U.S. dependence on foreign oil is just the same old jingoistic bird cage liner scrapings. All oil is sold on an international market and all oil is purchased from that same place. Which service station you use is largely irrelevant.

Admittedly, Maddow makes a couple points with which I disagree, most notably in her suggestion that we can affect positive change by lessening our overall dependence on oil. To that suggestion, my response would be “Why?” To what purpose should we–users of energy–attempt to cut back on our usage of energy? To what purpose should we–people who benefit from all manner of conveniences due directly to the technology of fossil fuels–attempt to change our ways? I can only assume that Maddow believes, like many liberals, and many conservatives, that the consumer should react to policy concerns versus market signals. If oil is the cheapest alternative, then the consumer should continue to buy it, period. If, and when, oil becomes so rare as to not be the cheapest alternative (and/or the best technological alternative) the costs should reflect it, and we consumers will move on to something else. (The costs will reflect it, unless the government gets in the way.) The problem is not over-dependence on oil. The problem is lack of understanding of basic economics, the market, and the ramifications of supply and demand.

Of more concern to me, and maybe more importance, is this:  If this type of obviously-flawed economics thinking, as evidenced by that commercial, has pervaded presidential talking points for forty years and continues to pervade TV advertising even now, how much more horribly flawed information flows unabated?

Bottom Line:  I guess they don’t call it the idiot box for nothing.

Cross-posted at the LRCBlog.

As noted previously, the venerable Laissez Faire Books–whose catalog I devoured and used for years in the 80s and 90s as a source of libertarian and free market books–was recently purchased by Agora Financial, which then hired Jeff Tucker as Executive Editor.

The site was rolled out today and it’s really nice, and sure to keep improving over time. Spread the word, and do your libertarian book shopping there!

Last year I presented four Mises Academy Mises Academy courses:

• “Rethinking Intellectual Property” (a reprise of one taught previously in 2010);
• “Libertarian Legal Theory”;
• “Libertarian Controversies”; and
• “The Social Theory of Hoppe“.
• Plus: “Obama’s Patent Reform: Improvement or Continuing Calamity?,” a Mises Academy webinar.

The audio and slides for the first three courses listed can be found in those links; those for the Hoppe course are appended below. The Hoppe course is discussed in my article “Read Hoppe, Then Nothing Is the Same,” translated into Spanish as “Tras leer a Hoppe, nada es lo mismo“; see also Danny Sanchez’s post Online Hoppe Course Starts Tomorrow. I enjoyed all four courses but my favorite was the Hoppe course. Hoppe has been the biggest intellectual influence of my life, as I detail in “How I Became A Libertarian” (published as “Being a Libertarian” in I Chose Liberty: Autobiographies of Contemporary Libertarians). I agree with Sanchez that “Hans-Hermann Hoppe is the most profound social theorist writing today.” This is one reason I worked with the brilliant Austro-libertarian theorist, and one of my best friends, Jörg Guido Hülsmann, and one of the greatest guys in the world, to produce the well-received and well-deserved festschrift, Property, Freedom, and Society: Essays in Honor of Hans-Hermann Hoppe (Mises Institute, 2009).

The experience of teaching the Mises Academy classes was amazing and gratifying, as I noted in my article  “Teaching an Online Mises Academy Course.” This and similar technology and Internet-enabled models are obviously the wave of the educational future. The students received an in-depth, specialized and personalized treatment of topics of interest to them, with tests and teacher and fellow student interaction, for a very reasonable price, and judging by their comments and evaluations, they were very satisfied with the courses and this online model. For example, for the Hoppe course, as noted in A Happy Hoppean Student, student Cam Rea wrote, about the first lecture of the course:

Move over Chuck Norris, Hans-Hermann Hoppe is in town! The introduction to “The Social Theory of Hoppe” was extremely thorough. I, a relative newcomer to the Hoppean idea, was impressed by Stephan Kinsella’s introduction to the theory. Mr. Kinsella hit upon all of those who came before Hoppe, and how each built upon another over the past two centuries. In other words, as Isaac Newton stated, “If I have seen further it is only by standing on the shoulders of giants.” Hoppe is the result thus far of those who came before him in the ideals of Austrian Economics and libertarian principles. Nevertheless, Hoppe takes it much further as in the Misesian concept of human action and the science of “praxeology”, from which all actions branch in life.

Overall, the class was extremely enjoyable, the questions concrete, and the answer provided by Mr. Kinsella clear and precise. Like many others in the class, I look forward to more. So tune in next Monday at 7pm EDT. Same Hoppe-time, same Hoppe-channel!

“The class (everything) was perfect. Content wasn’t too deep (nor too shallow) – the reviewed material was just brilliant and the “tuning” was great for someone like myself (engineering background – no profound legal/lawyer experience). It provided all the material to really “understand” (instead of “just knowing”) all that was covered which I find always very important in a class.”

“Instruction was very comprehensive and thought provoking. The instructor was fantastic and very knowledgeable and answered every question asked.”

“Learned more then i expected, the professor seemed to really enjoy teaching the class, and the readings provided were excellent. Overall for the cost I was extremely satisfied.”

“Very interesting ideas I was not exposed to. Inexpensive, convenient, good quality.”

“It is a very fascinating topic and I was quite eager to learn about what I.P. is all about. I thought that Professor Kinsella was able to convey complicated issues to us clearly.”

“Professor Kinsella’s enthusiasm and extra links posted showed his true knowledge and interest in the subject. Great to see.”

And:

Thank you so very much for all the excellent work — very few classes have really changed my life dramatically, actually only 3 have, and all 3 were classes I took at the Mises Academy, starting with Rethinking Intellectual Property (PP350) (the other two were EH476 (Bubbles), and PP900 (Private Defense)). …

My purposes for taking the classes are: 1. just for the fun of it, 2. learning & self-education, and 3. to understand what is happening with some degree of clarity so I can eventually start being part of the solution where I live — or at least stop being part of the problem.

The IP class was a total blast — finally (finally) sound reasoning. All the (three) classes I took dramatically changed the way I see the world. I’m still digesting it all, to tell the truth. Very few events in my life have managed to make me feel like I wished I was 15 all over again. Thank you. …

[M]uch respect and admiration for all the great work done by all the members of the whole team.

Students would often give real-time feedback, in comments such as the following at the end of the lectures (these are from the actual IP-lecture chat transcripts):

• “Thank you, great lecture!”
• “Thanks, excellent lecture.”
• “Great job.”
• “Great lecture!”
• “Thank you, Sir. Great lecture!”
• “Thanks for an excellent talk.”

Student reaction to the first lecture of my Libertarian Legal Theory course can be found in Student Comments for First Lecture of Libertarian Legal Theory Course: Not Too Late to Sign Up!:

“The class (everything) was perfect. Content wasn’t too deep (nor too shallow) – the reviewed material was just brilliant and the “tuning” was great for someone like myself (engineering background – no profound legal/lawyer experience). It provided all the material to really “understand” (instead of “just knowing”) all that was covered which I find always very important in a class.”

“Instruction was very comprehensive and thought provoking. The instructor was fantastic and very knowledgeable and answered every question asked.”

“Learned more then i expected, the professor seemed to really enjoy teaching the class, and the readings provided were excellent. Overall for the cost I was extremely satisfied.”

“Very interesting ideas I was not exposed to. Inexpensive, convenient, good quality.”

“It is a very fascinating topic and I was quite eager to learn about what I.P. is all about. I thought that Professor Kinsella was able to convey complicated issues to us clearly.”

“Professor Kinsella’s enthusiasm and extra links posted showed his true knowledge and interest in the subject. Great to see.”

Now, that is very gratifying to a teacher. It’s immediate feedback. And it’s a good example of what I mentioned in “Teaching an Online Mises Academy Course”:

These heartfelt and spontaneous comments reminded me a bit of times past, when students would applaud at the end of a good lecture by a professor. In this sense, and contrary to what you might expect with the coarsening of manners and the increase of informality in typical Internet fora, for some reason the new, high-tech environment created by Mises Academy seems to foster a return to Old World manners and civility — which is very Misesian indeed! Perhaps it is because these students are all 100 percent voluntary, and they want to learn. They are much like students decades ago, who were grateful to get into college — before state subsidies of education and the entitlement mentality set in, turning universities into playgrounds for spoiled children who often skip the classes, paid for 10 percent by parents and 90 percent by the taxpayer.

The audio and slides for all six lectures of the Social Theory of Hoppe course are provided below. The “suggested readings” for each lecture are appended to the end of this post.

Update: the audio files may also be subscribed to in this podcast feed. (In iTunes (for Windows) you can subscribe to podcast by copying the feed address to iTunes>Advanced>Subscribe to podcast; on Macs, you can click on the link to have iTunes add it to podcasts.)

LECTURE 1: PROPERTY FOUNDATIONS

(mp3 download)

LECTURE 2: TYPES OF SOCIALISM AND THE ORIGIN OF THE STATE

(mp3 download)

LECTURE 3: LIBERTARIAN RIGHTS AND ARGUMENTATION ETHICS

(mp3 download)

Lecture 4: EPISTEMOLOGY, METHODOLOGY AND DUALISM; KNOWLEDGE, CERTAINTY, LOGICAL POSITIVISM

(mp3 download)

LECTURE 5: ECONOMIC ISSUES AND APPLICATIONS

(mp3 download)

LECTURE 6: POLITICAL ISSUES AND APPLICATIONS; HOPPE Q&A

(mp3 download)

SUGGESTED READING MATERIAL

The “suggested readings” for each lecture are appended below. The links were internal Mises Academy links so would not work here, and I had no time to add individual links for all of them, but until I find time to code in the links, most of these materials can be found on stephankinsella.com/publications, c4sif.org/resources, mises.org, hanshoppe.com/publications, or on Wikipedia or by google search. (If there is a particular link you cannot find online, email me or add to the comments, and I’ll try to find it and update the post with that link.)

LECTURE 1: PROPERTY FOUNDATIONS

• Chapters 1 & 2, Theory of Socialism and Capitalism [TSC]

LECTURE 2: TYPES OF SOCIALISM AND THE ORIGIN OF THE STATE

• TSC Chs. 3-6 URL
• De-Socialization in a United Germany URL
• “Banking, Nation States and International Politics: A Sociological Reconstruction of the Present Economic Order” (ch. 3 of EEPP)

LECTURE 3: LIBERTARIAN RIGHTS AND ARGUMENTATION ETHICS

• Kinsella, “Argumentation Ethics and Liberty: A Concise Guide” URL
• Hoppe: EEPP, chapter 11, “From the Economics of Laissez Faire to the Ethics of Libertarianism,” ch. 12. “The Justice of Economic Efficiency,” and “Appendix: Four Critical Replies” URL

• Kinsella, “New Rationalist Directions in Libertarian Rights Theory” URL
• “On the Ultimate Justification of the Ethics of Private Property,” by Hoppe URL
• # “Beyond Is and Ought,” by Murray N. Rothard URL
• “Hoppephobia,” by Rothbard URL
• “Defending Argumentation Ethics: Reply to Murphy & Callahan,” by Stephan Kinsella URL
• “Argumentation Ethics and The Philosophy of Freedom,” by Frank Van Dun URL
• “Hülsmann on Argumentation Ethics,” by Kinsella

LECTURE 4: EPISTEMOLOGY, METHODOLOGY AND DUALISM; KNOWLEDGE, CERTAINTY, LOGICAL POSITIVISM

• A Theory of Socialism and Capitalism, Pages 118-144 and 152-155 URL
• Economic Science and the Austrian Method URL
• Is Research Based on Causal Scientific Principles Possible in the Social Sciences? (ch. 10 of EEPP) URL
• In Defense of Extreme Rationalism: Thoughts on Donald McCloskey’s The Rhetoric of Economics URL

• Chapter 9. “On Praxeology and the Praxeological Foundation of Epistemology”; ch. 14. “Austrian Rationalism in the Age of the Decline of Positivism” (from EEPP) URL
• On Certainty and Uncertainty, Or: How Rational Can Our Expectations Be? URL
• The Science of Human Action (lecture)

LECTURE 5: ECONOMIC ISSUES AND APPLICATIONS

• Hoppe on Property Rights in Physical Integrity vs Value URL
• Hoppe on Liberal Economies and War URL
• Hoppe: Marx was “Essentially Correct” URL
• Capitalist Production and The Problem of Monopoly (TSC) URL
• Fallacies of the Public Goods Theory & the Production of Security URL
• Verstehen and the Role of Economics in Forecasting, or: If You’re so Rich, Why Aren’t You Smart?, URL
• “Chicago Diversions” in The Ethics and Economics of Private Property URL
• Kinsella, “Knowledge vs. Calculation” URL

• The Misesian Case against Keynes URL
• The Limits of Numerical Probability: Frank H. Knight and Ludwig von Mises and the Frequency of Interpretation URL
• A Note on Preference and Indifference in Economic Analysis URL
• Socialism: A Property or Knowledge Problem?

LECTURE 6: POLITICAL ISSUES AND APPLICATIONS; HOPPE Q&A

n/a

Papinian (Aemilius Papinianus), famous Roman jurist, who wrote, ""It is easier to commit murder than to justify it.” when he refused to come up with an argument justifying a murder, and was himself put to death.

Last year I presented a 6 week Mises Academy course, “Libertarian Legal Theory: Property, Conflict, and Society,” discussed in my Mises Daily article “Introduction to Libertarian Legal Theory.” This course followed on the heels of my previous Mises Academy course, “Rethinking Intellectual Property: History, Theory, and Economics” (audio and slides), about which one student wrote me at the completion of the course,

Thank you so very much for all the excellent work — very few classes have really changed my life dramatically, actually only 3 have, and all 3 were classes I took at the Mises Academy, starting with Rethinking Intellectual Property (PP350) (the other two were EH476 (Bubbles), and PP900 (Private Defense)). …

My purposes for taking the classes are: 1. just for the fun of it, 2. learning & self-education, and 3. to understand what is happening with some degree of clarity so I can eventually start being part of the solution where I live — or at least stop being part of the problem.

The IP class was a total blast — finally (finally) sound reasoning. All the (three) classes I took dramatically changed the way I see the world. I’m still digesting it all, to tell the truth. Very few events in my life have managed to make me feel like I wished I was 15 all over again. Thank you. …

[M]uch respect and admiration for all the great work done by all the members of the whole team.

For more student feedback on Rethinking IP, see Kinsella’s Rethinking Intellectual Property course: Audio and Slides. The Libertarian Legal Theory course also received very positive comments and reviews.

(Student reaction to the first lecture of the Libertarian Legal Theory course can be found in Student Comments for First Lecture of Libertarian Legal Theory Course: Not Too Late to Sign Up!)

The students also evidently really enjoyed the lecture. Here are some of the comments from the chat session, near the end of the lecture (unedited except I have removed surnames):

[Mon 31 Jan 2011 10:12:25 PM EST] Patrick : This is excellent, best Mises class yet
[Mon 31 Jan 2011 10:46:52 PM EST] Karl : ok, thanks, nice class
[Mon 31 Jan 2011 10:47:01 PM EST] Jock : very good
[Mon 31 Jan 2011 10:47:40 PM EST] Robert : thanks for the lecture, it was great! see you guys next time
[Mon 31 Jan 2011 10:54:05 PM EST] Kevin : awesome – thanks!
[Mon 31 Jan 2011 10:54:17 PM EST] Amanda : Thanks for a wonderful class. Good night!
[Mon 31 Jan 2011 10:54:38 PM EST] Daniel: Thank you!
[Mon 31 Jan 2011 10:54:41 PM EST] Roger: Terrific class, thanks!
[Mon 31 Jan 2011 10:54:42 PM EST] Patrick : thank you
[Mon 31 Jan 2011 10:54:42 PM EST] Steven: Great lecture. Thanks
[Mon 31 Jan 2011 10:54:43 PM EST] George: Great class ‘night
[Mon 31 Jan 2011 10:54:44 PM EST] Mark: Very good class. Thanks!
[Mon 31 Jan 2011 10:54:45 PM EST] Cheryl: Thanks!
[Mon 31 Jan 2011 10:54:46 PM EST] Danny Sanchez : Thanks for attending everyone!
[Mon 31 Jan 2011 10:54:46 PM EST] safariman : Good class! Thanks
[Mon 31 Jan 2011 10:54:48 PM EST] Patti : thanks. bye
[Mon 31 Jan 2011 10:54:50 PM EST] Jonathan: Thanks!
[Mon 31 Jan 2011 10:54:51 PM EST] Colin: Thanks.
[Mon 31 Jan 2011 10:54:52 PM EST] Thomas : Thank You!
[Mon 31 Jan 2011 10:54:56 PM EST] Erika : Thank you!
[Mon 31 Jan 2011 10:54:56 PM EST] Danny Sanchez : thanks for the great lecture Stephan!
[Mon 31 Jan 2011 10:55:02 PM EST] Derrick : Thanks
[Mon 31 Jan 2011 10:55:14 PM EST] Robert: thx
[Mon 31 Jan 2011 10:55:29 PM EST] Noam: Thanks a lot!
[Mon 31 Jan 2011 10:55:29 PM EST] Robert: GREAT first lecture
[Mon 31 Jan 2011 10:55:33 PM EST] Matthew : Great lecture thanks
[Mon 31 Jan 2011 10:55:54 PM EST] Matt Gilliland : Thanks so much! Best Christmas present I’ve ever gotten, I think.

This echoed the type of comments students provided in real-time in the Rethinking IP course, in comments such as the following at the end of the lectures (these are from the actual IP-lecture chat transcripts):

• “Thank you, great lecture!”
• “Thanks, excellent lecture.”
• “Great job.”
• “Great lecture!”
• “Thank you, Sir. Great lecture!”
• “Thanks for an excellent talk.”

Now, that is very gratifying to a teacher. It’s immediate feedback. And it’s a good example of what I mentioned in “Teaching an Online Mises Academy Course”:

These heartfelt and spontaneous comments reminded me a bit of times past, when students would applaud at the end of a good lecture by a professor. In this sense, and contrary to what you might expect with the coarsening of manners and the increase of informality in typical Internet fora, for some reason the new, high-tech environment created by Mises Academy seems to foster a return to Old World manners and civility — which is very Misesian indeed! Perhaps it is because these students are all 100 percent voluntary, and they want to learn. They are much like students decades ago, who were grateful to get into college — before state subsidies of education and the entitlement mentality set in, turning universities into playgrounds for spoiled children who often skip the classes, paid for 10 percent by parents and 90 percent by the taxpayer.

The audio and slides for all six lectures of the Libertarian Legal Theory course are provided below. The “suggested readings” for each lecture are appended to the end of this post.

Update: the audio files may also be subscribed to in this podcast feed. (In iTunes (for Windows) you can subscribe to podcast by copying the feed address to iTunes>Advanced>Subscribe to podcast; on Macs, you can click on the link to have iTunes add it to podcasts.)

LECTURE 1: LIBERTARIAN BASICS: RIGHTS AND LAW

(mp3 download)

LECTURE 2: LIBERTARIAN BASICS: RIGHTS AND LAW (continued)

(mp3 download)

LECTURE 3: APPLICATIONS I: LEGAL SYSTEMS, CONTRACT, FRAUD

(mp3 download)

LECTURE 4: CAUSATION, AGGRESSION, RESPONSIBILITY

(mp3 download)

LECTURE 5: INTELLECTUAL ROPERTY AND RELATED

(mp3 download)

LECTURE 6: APPLICATIONS CONTINUED; COMMON LIBERTARIAN MISTAKES (FRAUD ETC.)

(mp3 download)

SUGGESTED READING MATERIAL

The “suggested readings” for each lecture are appended below.

LECTURE 1: LIBERTARIAN BASICS: RIGHTS AND LAW

SUGGESTED READINGS

• Rothbard, Ethics of Liberty, chs. 4-5, 15
• Kinsella, “Introduction to Libertarian Legal Theory” (all)
• Kinsella, “What Libertarianism Is” (all)
• “Chicago Diversions” section of Hoppe, “The Ethics and Economics of Private Property“
• Kinsella, “Utilitarianism” discussion, Against Intellectual Property, pp. 19-23
• Rothbard’s discussion of the “relevant technological unit” in “Law, Property Rights, and Air Pollution“
• Kinsella, “The Division of Labor as the Source of Grundnorms and Rights”
• Kinsella, “Empathy and the Source of Rights“
• Rand, “Man’s Rights“
• Tucker & Kinsella, “Goods, Scarce and Nonscarce“
• Kinsella, “What It Means To Be an Anarcho-Capitalist”

OPTIONAL READINGS

Libertarianism

• Jacob Huebert, Libertarianism Today (print; scribd; google books) (various topics) [for lecture 1: chapter 1]
• Dean Russell, “Who Is A Libertarian?“. The Freeman (1955)
• Rothbard, For A New Liberty, ch. 1 (“The Libertarian Heritage: The American Revolution and Classical Liberalism”)
• “Libertarianism,” Wikipedia

Austrian Economics

• “Austrian School” entry, Mises Wiki
• Rockwell, Why Austrian Economics Matters
• What Is Austrian Economics? (Mises Institute)

Rights, Ethics, Philosophy

• Hoppe, A Theory of Socialism and Capitalism, ch. 7 [optional, but highly recommended]; also chs. 1 and 2
• James A. Sadowsky, S.J., “Private Property and Collective Ownership“
• discussion of Rothbard’s conception of “relevant technological unit” in B.K. Marcus, “The Spectrum Should Be Private Property: The Economics, History, and Future of Wireless Technology“
• “Is-ought problem,” Wikipedia

Argumentation Ethics

• Kinsella, “New Rationalist Directions in Libertarian Rights Theory“
• Kinsella, “Defending Argumentation Ethics“

Anarchy

• Hoppe, “The Idea of a Private Law Society“
• George H. Smith, “Justice Entrepreneurship In a Free Market“
• Tannehills, The Market for Liberty
• Alfred G. Cuzán, “Do We Ever Really Get Out of Anarchy?“
• Randy E. Barnett, ch. 14, “Imagining a Polycentric Constitutional Order: A Short Fable,” in The Structure of Liberty: Justice and the Rule of Law [not online; some available on google books]

Bibliographies

• Kinsella, “The Greatest Libertarian Books“
• LewRockwell.com Bibliographies: Hans-Hermann Hoppe on Anarcho-Capitalism, David Gordon on Liberty, and Lew Rockwell on Reading for Liberty

LECTURE 2: LIBERTARIAN BASICS: RIGHTS AND LAW (continued)

SUGGESTED READINGS

• Tucker & Kinsella, “Goods, Scarce and Nonscarce“
• Kinsella, “What Libertarianism Is” (all)
• Kinsella, “The Libertarian Approach to Negligence, Tort, and Strict Liability: Wergeld and Partial Wergeld“
• Kinsella, “Why Spam is Trespass“
• Kinsella, “Stalking as a Form of Aggression“
• Kinsella, “Stalking and Threats as Aggression“
• Kinsella, “Fraud, Restitution, and Retaliation: The Libertarian Approach“
• Kinsella, “The Problem with “Fraud”: Fraud, Threat, and Contract Breach as Types of Aggression“
• Kinsella, “The Limits of Armchair Theorizing: The case of Threats“
• Kinsella, “Punishment and Proportionality: The Estoppel Approach,” pages 68-69 (re “threats”)
• Rothbard, “Law, Property Rights, and Air Pollution“
• Kinsella, “What It Means To Be an Anarcho-Capitalist“
• Hoppe, “The Idea of a Private Law Society“

OPTIONAL READINGS

Scarcity and Rights

• Hoppe, A Theory of Socialism and Capitalism, ch. 7 [optional, but highly recommended]; p. 158 note 120; also chs. 1 and 2

Rights and the Structure of Action

• Kinsella, “Intellectual Freedom and Learning Versus Patent and Copyright“

Argumentation Ethics

• Rothbard, “Beyond Is and Ought“

• George H. Smith, “Justice Entrepreneurship In a Free Market“
• Tannehills, The Market for Liberty
• Alfred G. Cuzán, “Do We Ever Really Get Out of Anarchy?“
• Randy E. Barnett, ch. 14, “Imagining a Polycentric Constitutional Order: A Short Fable,” in The Structure of Liberty: Justice and the Rule of Law [not online; some available on google books]

Legal Positivism and Logical Positivism

• Kinsella, “Logical and Legal Positivism“
• Legal Positivism
• legal realism
• Holmes’s bad-man theory of law
• Logical Positivism
• Mises, The Ultimate Foundation of Economic Science, p.5 [logical positivism]
• Hoppe, A Theory of Socialism and Capitalism, pp. 127-36 (ch. 6) [logical positivism]

Other

• Geoffrey Allan Plauché, Aristotelian Liberalism: An Inquiry into the Foundations of a Free and Flourishing Society ch. 4, pp. 93-94 [on "assertoric hypotheticals"]
• Rothbard, Ethics of Liberty, ch. 15 [rights as property rights]
• Rothbard’s conception of the Relevant Technological Unit

LECTURE 3: APPLICATIONS I: LEGAL SYSTEMS, CONTRACT, FRAUD

LECTURE 4: CAUSATION, AGGRESSION, RESPONSIBILITY

LECTURE 5: INTELLECTUAL ROPERTY AND RELATED

Suggested Readings

• Kinsella, Against Intellectual Property
• —–, Innovations that Thrive without IP
• —–, The Patent, Copyright, Trademark, and Trade Secret Horror Files
• —–, Locke on IP; Mises, Rothbard, and Rand on Creation, Production, and “Rearranging”

LECTURE 6: APPLICATIONS CONTINUED; COMMON LIBERTARIAN MISTAKES (FRAUD ETC.)

• Kinsella, Rothbard on Corporations and Limited Liability for Tort
• —–, Legitimizing the Corporation and Other Posts
• —–, Corporations and Limited Liability for Torts
• —–, In Defense of the Corporation

Other

• Kinsella, How We Come To Own Ourselves

[PFS]

At the 2011 Annual Meeting of the Property and Freedom Society (May 27-29, 2011), I delivered a speech entitled “Correcting some Common Libertarian Misconceptions.” The video is here, and streamed below. It engendered a good deal of discussion and interest, and I could only touch on a small number of the topics I had assembled over the years, so later in the year, I conducted a 6 week Mises Academy course, “Libertarian Controversies” (Mondays, Sept. 19-Oct. 23, 2011), to cover these and related topics in greater depth. The course was planned for 5 weeks initially, but I added a sixth “bonus” lecture at student request. The course is discussed in my Mises Daily article “Libertarian  Controversies.”) The audio and slides for the 6 lectures of the course are provided below, following the PFS lecture, below. The “suggested readings” for each lecture are appended to the end of this post.

Earlier courses included “Rethinking Intellectual Property: History, Theory, and Economics” (discussed on the Mises Blog in Study with Kinsella Online; Lecture 1), in late 2010, which I reprised in Spring 2011: “Rethinking Intellectual Property: History, Theory, and Economics” (discussed in Rethinking IP; and on the Mises Blog in Study with Kinsella Online and in Rethinking Intellectual Property: Kinsella’s Mises Academy Online Course); “Libertarian Legal Theory“; and “The Social Theory of Hoppe.” The audio and slides for the Rethinking IP course are available here, and here for Libertarian Legal Theory (Hoppe course material coming soon).

In Teaching an Online Mises Academy Course, I offer my reflections on teaching the Rethinking IP class the first time. Here is some feedback provided by past students of the Rethinking IP course:

“The class (everything) was perfect. Content wasn’t too deep (nor too shallow) – the reviewed material was just brilliant and the “tuning” was great for someone like myself (engineering background – no profound legal/lawyer experience). It provided all the material to really “understand” (instead of “just knowing”) all that was covered which I find always very important in a class.”

“Instruction was very comprehensive and thought provoking. The instructor was fantastic and very knowledgeable and answered every question asked.”

“Learned more then i expected, the professor seemed to really enjoy teaching the class, and the readings provided were excellent. Overall for the cost I was extremely satisfied.”

“Very interesting ideas I was not exposed to. Inexpensive, convenient, good quality.”

“It is a very fascinating topic and I was quite eager to learn about what I.P. is all about. I thought that Professor Kinsella was able to convey complicated issues to us clearly.”

“Professor Kinsella’s enthusiasm and extra links posted showed his true knowledge and interest in the subject. Great to see.”

And:

Thank you so very much for all the excellent work — very few classes have really changed my life dramatically, actually only 3 have, and all 3 were classes I took at the Mises Academy, starting with Rethinking Intellectual Property (PP350) (the other two were EH476 (Bubbles), and PP900 (Private Defense)). …

My purposes for taking the classes are: 1. just for the fun of it, 2. learning & self-education, and 3. to understand what is happening with some degree of clarity so I can eventually start being part of the solution where I live — or at least stop being part of the problem.

The IP class was a total blast — finally (finally) sound reasoning. All the (three) classes I took dramatically changed the way I see the world. I’m still digesting it all, to tell the truth. Very few events in my life have managed to make me feel like I wished I was 15 all over again. Thank you. …

[M]uch respect and admiration for all the great work done by all the members of the whole team.

Students would often give real-time feedback, in comments such as the following at the end of the lectures (these are from the actual IP-lecture chat transcripts):

• “Thank you, great lecture!”
• “Thanks, excellent lecture.”
• “Great job.”
• “Great lecture!”
• “Thank you, Sir. Great lecture!”
• “Thanks for an excellent talk.”

Student reaction to the first lecture of my Libertarian Legal Theory course can be found in Student Comments for First Lecture of Libertarian Legal Theory Course: Not Too Late to Sign Up!

“The class (everything) was perfect. Content wasn’t too deep (nor too shallow) – the reviewed material was just brilliant and the “tuning” was great for someone like myself (engineering background – no profound legal/lawyer experience). It provided all the material to really “understand” (instead of “just knowing”) all that was covered which I find always very important in a class.”

“Instruction was very comprehensive and thought provoking. The instructor was fantastic and very knowledgeable and answered every question asked.”

“Learned more then i expected, the professor seemed to really enjoy teaching the class, and the readings provided were excellent. Overall for the cost I was extremely satisfied.”

“Very interesting ideas I was not exposed to. Inexpensive, convenient, good quality.”

“It is a very fascinating topic and I was quite eager to learn about what I.P. is all about. I thought that Professor Kinsella was able to convey complicated issues to us clearly.”

“Professor Kinsella’s enthusiasm and extra links posted showed his true knowledge and interest in the subject. Great to see.”

***

Update: the audio files may also be subscribed to in this podcast feed. (In iTunes (for Windows) you can subscribe to podcast by copying the feed address to iTunes>Advanced>Subscribe to podcast; on Macs, you can click on the link to have iTunes add it to podcasts.)

“Correcting some Common Libertarian Misconceptions,” 2011 Annual Meeting of the Property and Freedom Society (May 27-29, 2011) (video)

pfs-2011 Stephan Kinsella, Correcting Some Common Libertarian Misconceptions from Sean Gabb on Vimeo.

“Libertarian Controversies”: Mises Academy (Mondays, Sept. 19-Oct. 23, 2011)

LECTURE 1:

(mp3 download)

LECTURE 2:

(mp3 download)

LECTURE 3:

(mp3 download)

LECTURE 4:

(mp3 download)

LECTURE 5:

(mp3 download)

LECTURE 6:

(mp3 download)

(lectures 5 and 6 use the same set of slides)

SUGGESTED READING MATERIAL

The “suggested readings” for each lecture are appended below. The links were internal Mises Academy links so would not work here, and I had no time to add individual links for all of them, but until I find time to code in the links, most of these materials can be found on stephankinsella.com/publications, c4sif.org/resources, mises.org, hanshoppe.com/publications, or on Wikipedia or by google search. (If there is a particular link you cannot find online, email me or add to the comments, and I’ll try to find it and update the post with that link.)

General background readings are below; other particular links are provided in the slides for each lecture:

• Kinsella, “What Libertarianism Is” URL
• “Libertarian Controversies” by Stephan Kinsella URL
• Hoppe, A Theory of Socialism and Capitalism [TSC], chapters 1-2 URL

• Rothbard, For A New Liberty and Ethics of Liberty (both strongly recommended) URL
• Huebert, Libertarianism Today (Scribd free version; Vance’s review; Kinsella review) URL
• Rockwell & Rothbard, eds., The Free Market Reader: Essays in the Economics of Liberty URL
• Walter Block, Defending the Undefendable URL
• Frederic Bastiat, The Law URL
• Milton Friedman, Capitalism and Freedom URL
• Linda & Morris Tannehill, The Market for Liberty URL
• Lysander Spooner, No Treason No. VI: The Constitution of No Authority URL
• Ayn Rand, Capitalism: The Unknown Ideal URL

• What It Means To Be an Anarcho-Capitalist URL
• How We Come To Own Ourselves URL
• Causation and Aggression URL
• Punishment and Proportionality: The Estoppel Approach URL
• Inalienability and Punishment: A Reply to George Smith URL
• Argumentation Ethics and Liberty: A Concise Guide URL
• Defending Argumentation Ethics: Reply to Murphy & Callahan URL
• New Rationalist Directions in Libertarian Rights Theory URL
• Against Intellectual Property URL
• The Case Against IP: A Concise Guide URL
• The Trouble with Libertarian Activism URL

• Hoppe, Anarcho-Capitalism: An annotated bibliography URL
• Kinsella, The Greatest Libertarian Books URL
• David Gordon on Liberty URL
• Lew Rockwell on Reading for Liberty URL
• Others at LRC Bibliographies

[PFS]

I noted previously a brilliant music video, “Death of ACTA,” by Dan Bull. (More on ACTA, which has unfortunately now been signed by several countries.) Now he’s back with a new one, in a very creative attempt to fight the evil Stop Online Piracy Act, or SOPA. As Mike Masnick notes in this Techdirt post (see below),

Perhaps even more interesting, however, is how the song and video came together. After deciding he wanted to write a song about SOPA, he reached out to his followers on Twitter, asking for “help with themes and lyrics.” After getting a bunch of ideas, and realizing he should do something different for the video, he went on Facebook and asked for volunteers to take photos of themselves holding up signs with the various lyrics… and tons and tons of people jumped at the chance. The whole video was put together over the last few hours, and the whole effort is pretty impressive.

Incidentally, Leo Laporte, host of TWiT, and Denise Howell, host of TWiT’s This Week in Law, in recent episodes have been heroic in opposing SOPA. In the most recent TWiT show, Laporte makes a strong argument in favor of Internet freedom and against limiting it in the name of copyright, in contradistinction to Nilay Patel, who takes a more mainstream and confused “balancing” approach. And in a recent episode of TWiL, where most of the commentators and guests tend to be anti-SOPA, lawyer Marty Schwimmer was invited on to defend the need for SOPA or something like it; Howell admirably dissents.

[C4SIF]

Here’s Masnick’s post:

New Anti-SOPA Song & Crowdsourced Video From Dan Bull

from the sopa-can-ban-ya dept

We’ve written about UK singer Dan Bull a bunch of times, highlighting his various songs that often cover copyright issues. His latest is an anti-SOPA song and video, called SOPA Cabana (take a wild guess what that’s a reference to). Check out the video here first, and read on below about the video and why it’s interesting (beyond the music/lyrics):

Firstly, it threatens the future of the internet, which is something far more valuable both commercially and socially than the entertainment industry ever has been, or ever will be.

Secondly, creativity is all about interpreting and re-imagining what you see and hear around you. The idea that creativity exists in some kind of vacuum, and that you’re not a real artist unless you can make something “completely original” is not only stupid, it contradicts the most fundamental axioms of how the universe works. Everything is influenced by something else. If we want a richer cultural landscape, we should embrace remixes, embrace mashups, and embrace sharing, not cling to ideas as pieces of property.

Thirdly, the internet is an amazing new forum for free speech and holding those in power us to account. The idea that governments and even private corporations can police the internet and decide what people on a global scale are allowed to say and hear is tyrannical.

Perhaps even more interesting, however, is how the song and video came together. After deciding he wanted to write a song about SOPA, he reached out to his followers on Twitter, asking for “help with themes and lyrics.” After getting a bunch of ideas, and realizing he should do something different for the video, he went on Facebook and asked for volunteers to take photos of themselves holding up signs with the various lyrics… and tons and tons of people jumped at the chance. The whole video was put together over the last few hours, and the whole effort is pretty impressive.

Dan Bull is a musician. The entertainment industry and the lobbyists supporting SOPA insist that they’re doing this to protect people like Dan Bull — but Dan is quite reasonably scared of what this law will do to his ability to succeed online. Dan Bull is as well known as he is because of the internet, and his ability to share his works wherever and however he likes. SOPA would make that a lot more difficult. It doesn’t “protect” Dan Bull. It helps destroy the careers of folks like Dan Bull by limiting their ability to create, promote, distribute and communicate.

One of the reasons why IP-abolitionists oppose “intellectual property” is because IP monopolies in effect boil down to a restriction on existent ownership rights. To this charge, a common retort heard even from libertarians, is that all property rights are not absolute (i.e. “you can’t shoot your gun wherever you choose”, “the right to swing your fist ends by my nose”, etc.) and so too IP laws can morally and thus justly restrict people from using certain configurations or arrangements of their already owned property.

Every year, I like to construct a list of some of the best books released in the past year and a few a others that are worth recommending at any time. Of course, this is my opinion, but if you’re looking for a gift for your libertarian loved one this Christmas season then perhaps you’ll give one of these books a go. So without further adieu, the Top 10 Libertarian Books for Christmas 2011!

1. It is Dangerous to Be Right When the Government is Wrong by Andrew Napolitano – The Judge, host of FreedomWatch on Fox Business, has put together an amazing book that analyzes a host of topics from the standpoint of natural law. I will be reviewing this book on my personal website soon but I’m going to say it now – you need to read this book. The data and stories he presents in the book make it easily worth every penny, and it deserves a prominent place on your (or anyone else’s) bookshelf.

2. Libertarianism Today by Jacob Huebert – This book was on the list last year, but it warrants another mention because you can get it at a significantly reduced price by purchasing directly from the publisher. Huebert’s book is definitely a must-read, and is one of the best recent books on hardcore libertarianism in the past few years. LRC writer Laurence Vance has called it, “The best introduction to libertarianism on the market.”

3. Bourbon for Breakfast and It’s a Jetsons World by Jeffrey Tucker – Check out this review of Bourbon for Breakfast, and you’ll see that it is a super read for anyone looking to circumvent statist restrictions upon their lives. Tucker’s followup work tells exciting stories of the little everyday miracles of the free market at work.

4. Liberty Defined by Ron Paul – Another gold standard in libertarian literature by one of liberty’s greatest defenders. See this review for the full story.

5. Rollback by Thomas Woods – I am a huge fan of Tom Woods and have known him for over 5 years now. His latest book makes an eloquent case for dismantling pretty much everything the government currently does today.

6. Great Wars and Great Leaders by Ralph Raico – Leaders who take a country to war are often heralded as “great,” but the libertarian perspective considers such notions to be folly. War is the health of the state and the enemy of liberty, and Raico’s historical work is great ammunition in the war of ideas that we fight daily.

7. Myth of a Guilty Nation by Albert Jay Nock – This is an old book newly reprinted by the Mises Institute, and I’m excited to see it available again (because I’m a big fan of Nock and haven’t ever read this one). From the Mises.org description: “Nock’s book reminds us of what most everyone has forgotten, namely, that this was sold as a war for freedom and self-determination over imperial ambition. Along with that came some of the most rabid war propaganda ever fabricated until that point in time, all designed to make Germany into a devil nation. Nock’s brave book took on that idea and demonstrated that there was fault enough to go around on all sides. All through the 1920s, a Nockian-style retelling of the facts behind the war led to a dramatic shift in public opinion against World War I.” Awesome!

8. The Bastiat Collection Pocket Edition by Frederic Bastiat – If you haven’t read Bastiat’s The Law, you need to get on that immediately! This book contains all the major works of Bastiat in a very small volume, and makes a great gift.

9. Economics in One Lesson by Henry Hazlitt – Need to learn a little more about economics? Start with the classic by Hazlitt, and never forget the first lesson again…

Last but not least, a special note for the Christian readers…

10. Christian Theology of Public Policy and Bible and Government by John Cobin – I absolutely love the excellent work of John Cobin. For Christian libertarians, these are must reads!

Have a happy holiday season!