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Radical Privatization and Other Libertarian Conundrums

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Property Rights

Part of the book series: Palgrave Studies in Classical Liberalism ((PASTCL))

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Abstract

A conundrum is a seeming logical contradiction, one that can actually be solved, or resolved. Perhaps the most famous example in theology is the following challenge: can God create a stone so big that even He cannot lift it. Either way, the case for religion loses out, at least at first glance. If God can create such a big stone, all well and good for Him; however, then, as He cannot also lift it, there can be no such thing as a Higher Power. On the other hand, if God is unable to create so heavy an object, then the case for belief in Him is dashed from the very start. For He cannot be truly omnipotent, since here is something He cannot do.

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Notes

  1. 1.

    The critique of the argument presented in the text, of course, cannot prove that God exists. Only that this particular refutation has failed.

  2. 2.

    Suppose a starving woman agrees to sexual congress only in order to feed herself and her children. Is this coercive, and thus tantamount to rape? If her customer put her in this precarious position in the first place, then and only then is this so. Not because of the sexual act, but because of the initial theft. If on the other hand this customer was in no way responsible for her plight, then the trade of sexual services for money is not equivalent to rape. Indeed, the customer is the benefactor to the woman, as he saves her and her children from starvation. She, of course, benefits him as well; this should be no surprise, as all trade is mutually beneficial.

  3. 3.

    Rothbard (1973), Block (1976/1991).

  4. 4.

    Block (1986, 1997), Rothbard (1962).

  5. 5.

    Manne (1966a, 1966b), McGee and Block (1989).

  6. 6.

    Block and Williams (1981), Block and Walker (1982), Block (1992), Epstein (1992), Levin (1984, 1987, 1997).

  7. 7.

    Rothbard (1982), Barnett and Hagel (1977), King (1980), Kinsella (1997, 1996a, b spring and fall, 1992).

  8. 8.

    There are two main branches of utilitarianism: act utilitarianism and rule utilitarianism. In the former case, that act which brings about the most utility is to be preferred. In the latter case, behavior is judged on the basis of whether or not it is compatible with a rule that, if followed, maximizes utility. See on this Mill (1957, 1971).

  9. 9.

    This is problematic on its face since how can any third party ever accurately observe whether utility rises or falls. For a libertarian perspective on utilitarianism, see Rothbard (1982, 1977).

  10. 10.

    They have not given prior assent to this contractually; the brute fact of the matter is that in reality, either no one, or very few, have ever signed a constitution. Nor do we demonstrate our agreement to be bound by a government by continuing to live under its rule. According to the consent theory of the state, we came first, before the government. We don’t have to leave if we don’t like it; rather, they do.

  11. 11.

    On this see Rothbard (1973, 1982), Hoppe (1989, 1992, 1993), and Benson (1989a, 1989b, 1990).

  12. 12.

    See Rothbard (1973, 1982) and Spooner (1870).

  13. 13.

    Exceptions sometimes include children, a loved one, or a principle or a philosophy. That is, sometimes people are willing to sacrifice themselves for values they hold higher than even their own life.

  14. 14.

    I owe this addition to the traditional “Martian” critique of libertarianism to Matthew Block.

  15. 15.

    Prohibited by libertarian law.

  16. 16.

    One conclusion which can be drawn from this is that the connection between libertarianism and utilitarianism is not an apodictic or necessary one; rather, it is contingent and empirical. That is, the claim that libertarianism leads to the greatest happiness for the greatest number is akin to the claim that water runs downhill and that water consists of oxygen and hydrogen. It is not in the same synthetic a priori category as the statements “Square circles are impossible,” “minimum wage legislation leads to unemployment,” and “free trade benefits mankind.” On this see Hoppe (1988, 1991, 1995).

  17. 17.

    Surely we owe no debt of truthfulness to would-be mad bombers, at least qua libertarians.

  18. 18.

    Of course, if we lie to the mad bomber, and word of this gets out, our options become more truncated with regard to the next terrorist.

  19. 19.

    For an argument that monarchy is a superior form of government when compared to democracy, see Hoppe (2001).

  20. 20.

    This is very similar to Nozick’s (1974) claim that the state can arise out of a totally justified libertarian process. For critiques, see Barnett (1977), Childs (1977), Evers (1977), Rothbard (1977), and Sanders (1977).

  21. 21.

    See Block (1999, forthcoming a, b, c, d).

  22. 22.

    One such incident in the entire world is all it would take, appropriately publicized, as it would be.

  23. 23.

    The author is grateful for the financial and moral support of David Kennedy and Tony Sullivan of the Earhart Foundation. Without friends such as these, his task would have been a far more arduous one.

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Block, W.E. (2019). Radical Privatization and Other Libertarian Conundrums. In: Property Rights. Palgrave Studies in Classical Liberalism. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-030-28353-7_8

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