J. C. Lester

Private-property anarchy is better than the state in the enhancement of liberty and welfare. Strictly speaking, market exchange is one aspect of private-property anarchy. But I here focus on market-anarchy as that is a main source of confusion and debate. Similarly, pluralism is another aspect of privateproperty anarchy. I focus on pluralism as an example of a currently popular topic where private-property anarchy is misunderstood. ‘Pluralism’ here means ‘(tolerating) different ways of life’. ‘The market’ means ‘voluntary exchange’. ‘Anarchy’ means ‘no rule’. Both interpersonal liberty and private property are inherently anarchic: no one is ruled to the extent that these exist. They are also naturally pluralist. The state, by contrast, coercively imposes ultimate control and is thus inherently illiberal and naturally Procrustean. Democratic prejudice obscures these facts.

Charles Murray describes himself as a libertarian, most notably in his short book, What it Means to be a Libertarian. He might more accurately have described himself as having libertarian tendencies. My reading of Simple Justice is that the views it espouses are far more traditionalist than libertarian. Neither traditionalist state-retribution nor modernist state-leniency is libertarian. Nor does either provide as just or efficient a response to crime as does libertarian restitution, including restitutive retribution. Here, I shall respond directly only to Murray's views, rather than also deal with state-leniency. This is because I accept Murray's thesis, without endorsing his specific arguments for it, that state-leniency is disastrous as a response to crimes against persons and their justly acquired property.

This book’s four main theses: (1) Interpersonal liberty requires an explicit, pre-propertarian, purely factual, theory. (2) Liberty is—and need only be—morally desirable in systematic practice, not in every logically possible case. In practice, there is no clash between the two main moral contenders: rights and consequences. (3) Nothing can ever justify, support, or ground any theory of liberty or its applications, because it is logically impossible to transcend assumptions. Theories can only be explained, criticised, and defended within conjectural frameworks. (4) The state is inherently authoritarian and also negative-sum. It reduces welfare overall, with the losses compounding over time. Libertarian anarchic order is the positive-sum solution to illiberal political chaos. J C Lester is a philosopher whose solution to the crucial philosophical problem of interpersonal liberty provides an explicit theory of liberty, explains how its application entails self-ownership and external property, and relates to all other interpersonal matters.

This essay examines sections relevant to libertarianism in Will Kymlicka’s Contemporary Political Philosophy: An Introduction (2nd ed.), making and explaining the following criticisms. Kymlicka’s “preface” misconstrues political philosophy’s progress, purpose, and its relation to libertarianism. In his “introduction”, his “project” mistakes libertarianism as “right-wing”, justice as compromise among “existing theories”, and equality as the “ultimate value.” His “a note on method” in effect takes as axioms, beyond philosophical examination, various alleged desiderata and the necessary moral role of the state. Moreover, his “ultimate test” being “our considered convictions” amounts to a conservative and illogical justificationism at odds with radical and coherent critical rationalism. Kymlicka’s chapter on “libertarianism” mistakes it as, inherently and unavoidably, free-marketist, anti-consequentialist, deontological, Nozickian, requiring “a foundational moral premiss, without objective content, unmaximisable, indistinguishable from license, equality-based, anti-anarchist, “self-defeating”, indefensibly “unfair”, impractically “philosophical”, and without influence. A different version of libertarianism easily withstands all Kymlicka’s antipathetic criticisms.

The “free world” was the political rhetoric used during the Cold War in contrast to the “communist” countries. However, the “free world” was manifestly never free: the state considerably interfered with people in their persons and their property. And the “communist” countries were manifestly never communist in the Marxist sense: there was no common ownership of the means of production with the absence of social classes, money, and the state. It would have been more accurate to call them the “authoritarian world” and the “totalitarian world”. Today the “free world” is sometimes still used, but Western countries remain authoritarian in terms of taxation and restrictive legislation. The, by implication, “unfree world” is largely only somewhat more authoritarian. Why does this continuing authoritarianism exist in the West?

The two purposes of this essay. The general philosophical problem with most versions of social libertarianism and how this essay will proceed. The specific problem with liberty explained by a thought-experiment. The positive and abstract theory of interpersonal liberty-in-itself as ‘the absence of interpersonal initiated constraints on want-satisfaction’, for short ‘no initiated impositions’. The individualistic liberty-maximisation theory solves the problems of clashes, defences, and rectifications without entailing interpersonal utility comparisons or libertarian consequentialism. The practical implications of instantiating liberty: three rules of liberty-in-practice, 1) initial ultimate control of one’s body, 2) initial ultimate control of one’s used resources, 3) consensual interpersonal interactions and resource transfers. These rules are economically efficient and maximise general want-satisfaction. Private property and legal remedies are additional practical institutional aspects, but to which ‘initiated impositions’ then apply prima facie. Libertarian law is often mistaken for complete libertarianism. Moral explanations are a separate issue. The three main moral theories imply libertarianism, but it can be morally posited independently of them. Critical rationalism and its application. No empirical or argumentative support for theories. An important ambiguity with ‘justification’. How the epistemology applies to the theory of liberty and its application but remains separable in principle. Conclusion: there are further published explanations but this should be enough to generate useful criticism. Appendix replying to some typical comments.

This essay goes through Frederick 2015 (the critique) in some detail, responding to the various paraphrases and criticisms therein. It is argued that in each case the critique is mistaken about what Lester 2012 (Escape from Leviathan: EfL) says, or about what the critique presents as a sound criticism, or both. Introduction: the three problems with the critique and the philosophical problem that EfL is attempting to solve. “Abstract”: the critique’s confusion about EfL’s aprioristic theory of instrumental rationality. There are then detailed replies (too many and too diverse to summarise) to quotations from the critique’s confused interpretations and criticisms under the following headings (quoted from the critique): “2. Instrumental Rationality”; 3. Weakness of Will”; “4. Desires and Values”; “5. Free Will”; “6. Self-Interest”; “7. Maximisation”; “8. Morals”. Finally, in “9. Conclusion”, the philosophical problem for economics is briefly restated. The philosophical interpretation of homo economicus in EfL (as with its overall philosophical theory of libertarianism) has yet to be given adequate critical consideration.

Andy Curzon replied (often quoting from the opening sections of Lester 2014, chapter 10) in an ongoing debate with Lee Waaks, which Mr Waaks forwarded (with approval) to the Libertarian Alliance Forum (27 February 2015). This response replies to the criticisms after directly quoting them (the indented text; except where Lester is occasionally quoted, as indicated). A few cuts have been made to avoid some repetition and irrelevance. However, just as Mr Curzon sometimes repeats his main points in slightly different ways and contexts in the hope that some of them might prove cogent, so this reply does the same. The dialogue-like result seems to engage more directly and completely than producing a new stand-alone exposition. And some new arguments are even developed in the process. But the full nature of many of the criticisms and replies often only becomes clear as the “dialogue” proceeds. An addendum then rebuts two further brief critical responses in the same manner.

With respect to the phenomenal distinction that is conventionally made between ‘personal’ and ‘economic’ liberty, I do accept that “there is no logical incoherence in claiming that constraint of one can lead to an increase in the other.” Though, as Cole understands, I doubt the conceptual coherence of the distinction (let us call this view the ‘identity thesis’). So I assert that though the personal/economic distinction is conceptually dubious, it can stand unproblematically as illustrating the phenomenal distinctions that people do make. I cannot see how “this inherent conceptual tension at two points of the compass does threaten it with collapse” as a phenomenal illustration as well, if that is what Cole means (as his “despite Lester’s protests” indicates).

This essay is part of an attempt to reconcile two extreme views in economics: the (neglected) subjective, apriorist approach and the (standard) objective, scientific (i.e., falsifiable) approach. The Austrian subjective view of value, building on Carl Menger’s theory of value, was developed into a theory of economics as being entirely an a priori theory of action. This probably finds its most extreme statement in Ludwig von Mises’ Human Action (1949). In contrast, the standard economic view has developed into making falsifiable predictions about economic phenomena whereby the truth of the assumptions, especially about economic agents, is relatively unimportant: predictive fecundity is all. This finds an extreme statement in Milton Friedman’s introductory essay in his Essays in Positive Economics (1953). However, many economists fall somewhere between the two extremes, such as McKenzie and Tullock (1978).

Private-property anarchy is better than the state in the enhancement of liberty and welfare. Strictly speaking, market exchange is one aspect of private-property anarchy. But I here focus on market-anarchy as that is a main source of confusion and debate. Similarly, pluralism is another aspect of private-property anarchy. I focus on pluralism as an example of a currently popular topic where private-property anarchy is misunderstood. ‘Pluralism’ here means ‘(tolerating) different ways of life’. ‘The market’ means ‘voluntary exchange’. ‘Anarchy’ means ‘no rule’. Both interpersonal liberty and private property are inherently anarchic: no one is ruled to the extent that these exist. They are also naturally pluralist. The state, by contrast, coercively imposes ultimate control and is thus inherently illiberal and naturally Procrustean. Democratic prejudice obscures these facts.

This brief monograph was written in an attempt to discover the general situation of Disability Studies, given that this appears to have become a growth area in academia with various typically illiberal aspects. The findings bear out the initial impression. There is a style of argument, even propaganda (for there is usually little genuine engagement with opposing liberal views), that can be seen in many other areas of academia. It amounts to a relatively new ‘progressive’ industry with various fashionable keywords, phrases and ideologies—often not obviously related to disabilities in any serious way—indicating the nature of the beast: ‘progressive’, ‘radical’, ‘oppression’, ‘bourgeois’, ‘empowerment’, ‘rights’, ‘equal opportunities’, ‘discrimination’, ‘prejudice’, ‘citizenship’, ‘social justice’, ‘socially constructed’, ‘Marxism’, ‘Post Modernism’ and ‘Feminism’. The overall picture is that disability has become increasingly politicised along politically correct lines to the detriment of society as a whole and, eventually, even to the disabled themselves. This is largely caused by the endemic trahison des clercs in our tax-consuming and coercively monopolised university system.

Under no circumstances should the absurd "right to roam‟ be incorporated into the legislation of this country. In reality, it is clearly a mere licence to trespass. Armed with the appropriate economic and philosophical arguments, we should eventually be able to offer an effective counter-attack with a movement for the "right to own‟ privately every last one of the state-controlled commons, heaths, hills, mountains, downs, woodlands, rivers, beaches, and footpaths. As a result, there will be no imposition on legitimate landowners and more access to better resources for ramblers.

Charles Murray describes himself as a libertarian, most notably in his short book, What it Means to be a Libertarian. He might more accurately have described himself as having libertarian tendencies. My reading of Simple Justice is that the views it espouses are far more traditionalist than libertarian. Neither traditionalist state-retribution nor modernist state-leniency is libertarian. Nor does either provide as just or efficient a response to crime as does libertarian restitution, including restitutive retribution. Here, I shall respond directly only to Murray's views, rather than also deal with state-leniency. This is because I accept Murray's thesis, without endorsing his specific arguments for it, that state-leniency is disastrous as a response to crimes against persons and their justly acquired property.

Why learn about philosophy? Because it is the master subject; more fundamental than all of the others: it critically examines their fundamental assumptions and presuppositions. And without some grasp of philosophy one cannot be fully educated or even intellectually autonomous: one is the meme-marionette of unexamined traditions, fashions, and commonsense assumptions. *** Why learn about libertarianism? Because politics causes or exacerbates the very problems that it purports to solve, or it misperceives voluntary behaviour and free markets as problems. Liberty is always preferable: its maximal practical observance entailing self-ownership, private property, and consensual interactions. And libertarianism will be the ideological framework of the future of humankind. *** These bold claims are expounded and defended in the two dialogues in this book, which are intended to be amusing and stimulating brief introductions to philosophy and to libertarianism. They can be read without any background in either subject. However, they contain many arguments and ideas that may be of interest to people who already have a good grasp of both. They are full of examples of the author’s—often highly unorthodox—critically preferred theories, rather than attempting to be comprehensive and neutral (as most introductory books ostensibly try, but inevitably fail, to be). *** "Lester’s Two Dialogues are about philosophy, first, and politics, second. The first is intensely Popperian, and the second intensely libertarian-anarchic. Both are extremely enlightening, very convincing, and highly entertaining—while being short enough to read in one go. Do read them!" Professor Jan Narveson (philosopher and libertarian)

This is a response to Macleod 2012's argument that the history of unjust property acquisitions requires rich libertarians to give away everything in excess of equality. At first, problematic questions are raised. How much property is usually inherited or illegitimate? Why should legitimate inheritance be affected? What of the burden of proof and court cases? A counterfactual problem is addressed. Three important cases are considered: great earned wealth; American slavery; land usurpation. All are argued to be problematic for Macleod 2012's thesis. Various problems are explained concerning using the Nozickian argument to decide the alleged excess that rich libertarians own. The essay's main error is the presupposition that free markets do not help the worst-off. The majority of unjust holdings today are not the result of historical injustices but arise through continuing transfers enabled by taxation and state-regulation. More study of libertarian contributions to the social sciences and philosophy would appear to be desirable "personal behavior" among socialists.

David Friedman posed a number of libertarian philosophical problems (Friedman 1989). This essay criticizes Walter Block’s Rothbardian responses (Block 2011) and compares them with J C Lester’s critical-rationalist, libertarian-theory responses (Lester [2000] 2012). The main issues are as follows. 1. Critical rationalism and how it applies to libertarianism. 2.1. How libertarianism is not inherently about law and is inherently about morals. 2.2. How liberty relates to property and can be maximized: carbon dioxide and radio waves. 2.3. Applying the theory to flashlights. 2.4. Applying the theory to the probability of imposed risks. 2.5. “Homesteading” or initial acquisition. 2.6 What is “essential” for a “true libertarian.” 2.7. Crime and punishment. 2.8. Extent of punishment. 2.9. The libertarian response to a madman with a gun. 2.10. How contradictions in rights are possible. 2.11. The draft. 3.1. Utilitarian libertarianism and “nose counting”. 3.2. How interpersonal comparisons of utility are possible and utility monsters are not a threat. 3.3. Why it is not utilitarian in practice to kill an innocent prisoner to prevent a riot. 3.4. Why David Friedman should not be forced to give up one of his eyes. 3.5. How utilitarians can be libertarians. Conclusion: a proper theory of liberty combined with critical rationalism offers superior solutions to Friedman’s problems. Appendix: replies to two commentators.

Frederick 2013 (the critique) offers criticisms of the Escape from Leviathan (EfL) theory of libertarian liberty and also of its compatibility with preference-utilitarian welfare and private-property anarchy. This reply to the critique first explains the underlying philosophical problem with libertarian liberty and EfL’s proposed solution. It then goes through the critique in detail showing that it does not grasp the problem or the solution and offers only misrepresentations and unsound criticisms.

This essay explains various significant errors, imprecisions, and omissions concerning libertarianism in Long 2013. The “right not to be aggressed against” is not, as such, the libertarian right because the ‘right to liberty’ must be that right (although not being aggressed against can charitably be interpreted as equivalent). There are non-libertarian rights, but they don’t override the right to liberty. Unsupported assumptions are inevitable because justifications are impossible. Rights should not be “defined” but, rather, morally and metaphysically theorised—with criticism permanently invited. Moral and legal permissibility need to be clearly distinguished. The conceptions of “aggression” and “force” are normative and confused. It is possible to advocate the right to liberty on no grounds whatsoever and also to conjecture that liberty (deontologically) and welfare (consequentially) are systematically compatible in practice for theoretical and causal reasons. The rejection of positive rights is “privileging” and not “conceptual”. Libertarian property needs to be derived from an explicit, non-normative, theory of libertarian liberty. Long 2013’s overall account is “mysterious” and “one-sided”.

Lester‘s reply to the review by Gordon and Modugno of Escape from Leviathan was due to appear in a later edition of the same periodical, but it was eventually dropped without notice or a reason being given. Subsequently, their review has occasionally been cited in isolation as a refutation of that book‘s theory of liberty, the compatibility of such liberty with welfare maximisation, and the use of "Popperian views" as though a complete reply did not exist and were not freely available and easily found online. To make it harder to avoid the reply, whether by accident or design, it is reproduced here (but with sundry small emendations for greater clarity).

Vallentyne 2010 and Zwolinski 2008 are internet encyclopaedia articles on “libertarianism” which include various serious faults. Vallentyne 2010 has the following ones. It does not properly explain mainstream libertarianism or consider criticisms of it. Instead, it mainly discusses self-ownership and natural-resource egalitarianism. Every aspect of the alleged “strict sense” of “libertarianism” is dubi ous, at best. So- called “left - libertarianism” is not made sense of as any kind of liberty-based libertarianism. Problems arise because self-ownership is assumed to be libertarian without an explicit theory of libertarian liberty. The replies to “five impor tant objections to full self- ownership” are confused and mistaken; both as regards philosophical analysis and as regards empirical assumptions. The long discussion about various ways to “Appropriate Natural Resources” is rendered muddled and barren by the lack of a clear libertarian theory of liberty, the mere presumption of some form of egalitarianism, and the inclusion of various non-libertarian criteria. The remaining sections are largely uninformed by any relevant libertarian literature. It reaches a justificationist conclusion that cites mistaken welfare concerns and ignores the productivity of free markets. Zwolinski 2008 shares some errors with Vallentyne 2010, but also includes the following ones. It is even less clear about what libertarian liberty is. It fails to understand that libertarianism (private-property anarchy and, possibly, minarchy) is a subset of classical liberalism. It asserts that libertarianism is about “the proper role of government.” It assumes (illogical) justificationist/foundationalist epistemology and does not mention critical-rationalist libertarianism. It eventually faults justificationism and unwittingly assumes something approaching critical rationalism. Finally, it embraces John Rawls’s “overlapping consensus” as a “justification” (i.e., defence) of libertarianism oblivious to the similar position in Lester 1996 and 2000.