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Topic: Libertarian theories of law


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In the News (Fri 10 Jul 09)

  
  Libertarianism - Libertarian Wiki
Libertarianism is a political philosophy advocating the right of individuals to be free to do whatever they wish with their persons or property as long as they allow others the same liberty, by not initiating physical force, the threat of it, or fraud against others.
Libertarian perspectives on animal rights: Some libertarians grant basic rights to animals (they count as individuals and therefore have the right not to be subjected to coercion), while others see animals as property, and think their owners are free to treat them as they wish.
Libertarians mindful of such criticisms claim that personal responsibility, private charity, and the voluntary exchange of goods and ideas are all consistent manifestations of an individualistic approach to liberty, and provide both a more effective and more ethical way to prosperity and peaceful coexistence.
libertarianwiki.org /Libertarian   (8794 words)

  
  Libertarianism - Wikipedia, the free encyclopedia
Libertarians see their origins in the earlier 17th to 20th century tradition of classical liberalism, and often use that term as a synonym for libertarianism, particularly outside of the USA.
Libertarians also believe in an extremely broad (and in some cases all-inclusive) interpretation of free speech which should not be restricted by government.
Libertarians tend to take either one of an axiomatic natural law point of view, or a utilitarian point of view, in justifying their beliefs.
www.dontbeevil.com /libertarianism.html   (1924 words)

  
 Libertarianism - {{ᏏᏖᎾᎺ}}   (Site not responding. Last check: 2007-10-17)
Libertarians ᎤᎳᏂᎩᏗᏳ ᏗᎦᏘᎸᏍᏗ ᎠᎦᏛᎴᎯᏍᏗ ᎤᎵᎶᎯ ᎢᎬᏁᎯ liberties ᏯᏛᎿ ᏥᏄᏍᏗ ᎠᎵᏍᎪᎸᏔᏅᎯ ᎾᎿ ᎠᏎᏊᎢ ᎢᎦᏪᏛ (e.g., ᎠᎵᏣᏙᏗ, ᏗᏂᎴᏱᏗᏍᎩ, ᎠᎴ ᏧᏁᎸᏗᏯ ᎠᎵᏏᎾᎯᏍᏙᏗ), ᎧᏃᎯᏯᏍᏗ ᎾᎿ ᎤᏩᏒ ᎤᏓᏅᏖᏓ ᎤᎾᎵᎪᏒ, ᎠᎴ ᎠᎦᏛᎴᎯᏍᏗ ᎾᎿ ᎠᏂᏏᏴᏫᎭ ᎠᎴ ᏧᎬᏩᎶᏗ ᏂᎬᎿᏅ ᎾᏍᎩ ᎤᏩᏒ ᏥᏄᏍᏗ ᏄᎵᏍᏔᏅ ᎤᏍᏆᎸᎲ ᏧᎵᎬᏩᎳᏅᎯ ᎪᏢᏗ ᎠᎴ ᎠᏓᏍᏛᏗᏍᏙᏗ ᏔᎵᏁ ᎠᏓᎴᏁ ᎾᏛᏁᎲᎢ.
Libertarianism ᏗᏑᏰᏛ tohi adedi ᎠᎴ ᏗᎦᏘᎸᏍᏗ ᎠᏰᎵ ᎤᏙᏢᏒ ᎠᎵᏖᎸᏗ ᎧᏁᏉᏍᏗ ᎢᏳᏍᏗᏊ ᎢᏗᎦᏘᎭ ᎠᎴ ᎠᏓᏅᏍᏗ, ᎭᏫᎾᏗᏢ ᎯᎠ ᎪᎵᏍᏗᏱ Ꮎ ᎠᏓᏅᏍᏗ ᎨᏒᎢ emergent ᏂᏛᎴᏅᏓ ᎤᏔᏂᏗ ᎦᏙᎯ ᏚᏳᎪᏛ.
Libertarians ᎠᎦᏎᏍᏙᏗ ᏯᏛᎿ ᎠᏙᏚᎯᏍᏙᏗ ᎠᏆᏤᎵ ᎠᏛᏗ Ꮎ ᎠᏏᏴᏫ ᎠᏚᏓᎸᏗ, ᎤᏤᎵᏓ ᎠᏓᏍᏕᎸᏗ, ᎠᎴ ᎯᎠ ᎤᏩᏒ ᎤᏓᏅᏖᏓ ᎦᏁᏟᏴᏍᏗ ᏧᎬᏩᎶᏗ ᎠᎴ ᎠᏓᏅᏖᏍᎬ ᎠᎴ ᏂᎦᏛ ᎤᏠᏱᎭ ᎦᎾᏄᎪᏨᎢ individualistic ᎤᎾᏄᎪᎢᏍᏗ nvwatohiyadv, ᎠᎴ ᎠᏓᏁᎳᏁᏗ ᎢᏧᎳ ᎤᏟ ᎢᎦᎢ ᎢᏳᎵᏍᏙᏗᏱ ᎠᎴ ᎤᏟ ᎢᎦᎢ ᎢᏯᏛᏁᏗ ᎦᎶᎯᏍᏗ ᎣᏍᏛ ᎠᎴ ᏙᎯ ᎬᏂᎨᏒ ᏄᏍᏛᎢ.
www.wikigadugi.org /wiki/Libertarian   (8743 words)

  
 Libertarian - Knowmore
Libertarianism is a political philosophyTemplate:Ref that holds that all individuals should have the liberty to do as they wish with themselves and their property as long as those actions do not infringe on the same liberty of others.
Libertarians make "coercion" specific by defining it as the use of physical force, the threat of such, or deception (fraud) that alters, or is intended to alter, the way individuals' would use their property (including their body) if those elements were not present.
Libertarian perspectives on abortion: The abortion debate among libertarians centers around whether the fetus is a person (and thus has its own rights) or a part of the mother's body (in which case it is subject to her wishes).
www.knowmore.org /index.php/Libertarian   (5643 words)

  
 Discover the Wisdom of Mankind on libertarian   (Site not responding. Last check: 2007-10-17)
An economic libertarian is one who advocates free markets regardless of his stance on civil liberties, and a civil libertarian is one who seeks to advance civil liberties, regardless of his or her stance on economic issues.
Libertarians define "coercion" as the use of physical force, the threat of such, or deception (fraud), that alters, or is intended to alter, the way individuals would use their body or property.
Libertarians were understood in Iberian usage to mean such freemen, as was the term "Liberal," especially those living in self-governing or anarchist communes; and groups in the 1600's in Western Europe such as the Levellers used the term.
www.blinkbits.com /blinks/libertarian   (7612 words)

  
 Reason Magazine - The Libertarian Quartet
In natural law tradition, the purpose of government is to address the downside of human nature, which in Barnett's view requires a proper response to the problems of knowledge, interest, and power.
These theories compare social states--claiming, for example, that social state A should be preferred to social state B if one person is better off in state A than in state B, and everyone else is at least as well off.
Barnett's defense of this libertarian quartet is underdeveloped because he does not explicitly address and reject the focused attacks on freedom of (and freedom from) contract that form today's conventional wisdom.
www.reason.com /news/show/30841.html   (4432 words)

  
 Libertarian theories of law - Wikipedia, the free encyclopedia
Libertarian theories of law build upon classical liberal and anarchist doctrines.
John Locke was also an influence on libertarian law theory (see Two Treatises of Government).
Among contemporary legal theorists is Randy Barnett, who set out a comprehensive libertarian theory of law in his book The Structure of Liberty.
en.wikipedia.org /wiki/Libertarian_theories_of_law   (198 words)

  
 Jacob's Libertarian Press
Ethics provide the laws of criminality, and as such, the task of a judge or jury is to discover and apply the correct ethical laws in a criminal case.
Only a free market common law system could operate to test the cases and proposed natural laws and over time, disregard, alter, or replace them to more accurately agree with the nature of man. The test, for any ethical law, is then whether it is eventually upheld by the common law courts.
Fundamental to science is that natural laws are freely accessible to anyone who can apply the proper tools of reason, and so the common law system, whereby people are free to use such reason, is the one that will best approximate the natural laws.
www.geocities.com /libertarian_press/commonlaw.html   (1505 words)

  
 An Overview of Natural Law Theory
For Thomas Aquinas, natural law is that part of the eternal law of God ("the reason of divine wisdom") which is knowable by human beings by means of their powers of reason.
Natural law theory eventually gave rise to a concept of "natural rights." John Locke argued that human beings in the state of nature are free and equal, yet insecure in their freedom.
Natural law theory is of the "practical order" of things and the first principle of the practical order is a principle that directs human acts in all their operations, and it will be concerned with the "good," since we act in terms of what a least seems good to us.
radicalacademy.com /philnaturallaw.htm   (1901 words)

  
 Paleolibertarianism   (Site not responding. Last check: 2007-10-17)
Libertarians in general, and anarcho-capitalists in particular, have developed two different approaches to their theories, from a utilitarian point of view, or from a point of view of natural law.
Libertarians also argue that the market can be used to organize all or most aspects of society and have developed rational choice theory accordingly, while classical liberals such as Adam Smith argued there were limitations to the market's utility as a means of social organization.
libertarian socialists, who are usually considered not to be libertarians at all (the feeling is mutual; anarcho-socialists and libertarian socialists claim that capitalism is incompatible with freedom, and thus libertarian/anarcho-capitalists cannot be considered libertarians at all).
dks.thing.net /Paleolibertarianism.html   (9050 words)

  
 The Accidental Libertarian by Richard A. Epstein
Libertarians are in general quite optimistic about the ability of ingenious negotiators to overcome various hold-up and coordination problems that crop up in any complex social setting.
Although it is not the last word, the libertarian attempt to express legal propositions in sweeping terms that purport to maximize the like liberty of all persons consistent with the liberty of others, is a starting point for further refinement that speaks against narrow rules that open up the opportunity for favoritism or vice.
In these transactions, a collective solution was highly vulnerable to holdout and free rider problems which the consequentialist theories did a better job of explaining than the strong libertarian theories that tended to overlook transaction costs and uncertainty in their formulation of legal rules.
www.lewrockwell.com /orig4/epstein-richard1.html   (5771 words)

  
 Legal Theory Blog: Legal Theory Lexicon: Libertarian Theories of Law
One alternative would be to try to argue for libertarianism on the basis of all of the different moral theories, but that would obviously be a very time-consuming and difficult task.
Barnett’s case for libertarianism is complex, but his basic idea is that human nature and circumstances are such that the law must establish and protect property rights and liberty of contract.
Many libertarians would say it is simply not the business of government to decide that a taste for gambling is a bad thing; whereas many virtue theorists are likely to say that this is precisely the sort of work that governments should be doing.
lsolum.typepad.com /legaltheory/2006/07/legal_theory_le_3.html   (2995 words)

  
 Definition of Libertarian theories of law
Libertarian theories of law build on libertarianism or classical liberalism.
The defining characteristic of libertarian legal theory is its insistence that the primary or only legitimate function of law is the reservation of "liberty" as they define it.
Among contemporary legal theorists, an important and influential libertarian is Randy Barnett, who set out a comprehensive libertarian theory of law in his book The Structure of Liberty.
www.wordiq.com /definition/Libertarian_theories_of_law   (240 words)

  
 Law and the Courts
The prospect of a society with private courts and private law enforcement is frightening to us, but it follows from libertarian principles, and, according to economic theory, entrepreneurial zeal and competition should produce better law enforcement.
The differences between law in the USA and law in a free nation are explained by using a travel metaphor.
In Private Law III he discusses how a private legal system would handle a few crucial functions, and contrast its performance with that of a monopolized government legal system.
libertariannation.org /b/law1.htm   (3842 words)

  
 Chapter 29: POLICE, COURTS, AND LAWS---ON THE MARKET
Thus the laws under which a particular case is decided are determined implicitly by advance agreement between the protection agencies whose customers are involved.
Before labelling a society in which different people are under different laws chaotic and unjust, remember that in our society the law under which you are judged depends on the country, state, and even city in which you happen to be.
If it is obvious what the correct law is, what rules of human interaction follow from the nature of man, then all courts will agree, just as all architects agree about the laws of physics.
www.daviddfriedman.com /Libertarian/Machinery_of_Freedom/MofF_Chapter_29.html   (2565 words)

  
 Disability Law
Its impact depends on normative commitments developed by some other logic, such as membership in the disability rights movement or adherence to versions of libertarian, utilitarian, or egalitarian theory that are triggered by the model's causation story.
Contrary to impressions left in the law literature, the social model has nothing to say about the proper response to such developments, although the model might have a mediated influence on our sense of the best decisionmakers.
Proposed regulations were introduced once before, in 2000, but were withdrawn from consideration in 2002 because, the department said, the special education law was too close to reauthorization for the regulations to be useful.
disabilitylaw.blogspot.com   (2472 words)

  
 Spartanburg SC | GoUpstate.com | Spartanburg Herald-Journal
Libertarian theories of law build upon classical liberal and individualist anarchist doctrines.
John Locke was also an influence on libertarian law theory (see Two Treatises of Government).
Among contemporary legal theorists is Randy Barnett, who set out a comprehensive libertarian theory of law in his book The Structure of Liberty.
www.goupstate.com /apps/pbcs.dll/section?category=NEWS&template=wiki&text=Libertarian_theories_of_law   (176 words)

  
 --[ Libertarian International. Network of liberty-minded individuals and organizations in Europe. ]--
by the state and economic theory of 'clusters'.
of several issues that are critical from libertarian point of view.
The conclusion that is optimistic for libertarians is that libertarianism
www.libertarian.to /NewsDta/templates/news1.php?art=art177   (1276 words)

  
 Libertarian theories of law   (Site not responding. Last check: 2007-10-17)
The defining characteristic oflibertarian legal theory is its insistence that the primary or only legitimate function of law is the preservation of liberty.Historically, the Austrian economist Friedrich Hayek is one of themost important libertarian legal theorists.
Among contemporary legal theorists, an important and influential libertarian is Randy Barnett, who set out a comprehensive libertarian theory of law inhis book The Structure of Liberty.
Richard Epstein is also aprominent libertarian legal theorist.
www.therfcc.org /libertarian-theories-of-law-6935.html   (172 words)

  
 FindLaw: U.S. Constitution: First Amendment: Annotations pg. 6 of 21
To subject the press to the restrictive power of a licenser, as was formerly done, both before and since the Revolution, is to subject all freedom of sentiment to the prejudices of one man, and make him the arbitrary and infallible judge of all controverted points in learning, religion and government.
But to punish as the law does at present any dangerous or offensive writings, which, when published, shall on a fair and impartial trial be adjudged of a pernicious tendency, is necessary for the preservation of peace and good order, of government and religion, the only solid foundations of civil liberty.
California,20 a state law was voided on grounds of its interference with free speech.
caselaw.lp.findlaw.com /data/constitution/amendment01/06.html   (1985 words)

  
 Legal Theory Blog
Instead, the rule of law, rightly understood as the complex and supple social structure that it is, provided room for the choice that he made.
Laws that must pass under a strict supermajority rule are apt to be better than laws passed by majority rule.
Law and economics shows that a key factor in determining the optimal economic loss rule is found in the relationship between pure economic loss and social loss.
lsolum.blogspot.com /archives/2005_06_01_lsolum_archive.html   (12139 words)

  
 PointofLaw.com | PointOfLaw Featured Discussion
This is a definitional requirement of corrective justice, and a fundamental proposition of the common law of tort.
Due process of law entitles defendants to those PROCEDURES that are part of the law of the land, and Pacific Mutual got those.
As a medievalist (which I was before I took up law), the appeal of a Magna-Carta-based opinion is undeniable; and when you have a clause (excessive fines) that can be dated back earlier than the tort-crime division, simply announcing the tort-crime division may not be an adequate answer.
www.pointoflaw.com /feature   (6658 words)

  
 Libertarian theories of law - Education - Information - Educational Resources - Encyclopedia - Music
Libertarian theories of law - Education - Information - Educational Resources - Encyclopedia - Music
The defining characteristic of libertarian legal theory is its insistence that the primary or only legitimate function of law is the preservation of "liberty" as they define it.
Richard Epstein is also a prominent libertarian legal theorist.
www.music.us /education/L/Libertarian-theories-of-law.htm   (397 words)

  
 WalterBlock.com free enterprise, capitalism, laissez faire, free markets, private property, law and economics, ...
Walter Block, an Austrian school economist and libertarian/anarcho-capitalist philosopher, is Professor of Economics at Loyola University New Orleans and Senior Fellow with the Ludwig von Mises Institute.
Toward a Libertarian Theory of Guilt and Punishment for the Crime of Statism, presented at the The Rise and Fall of the State seminar, Ludwig von Mises Institute, Auburn, AL, Auburn University, Oct. 6, 2000.
Libertarianism, positive obligations and property abandonment: children's rights, International Journal of Social Economics, Vol.
www.walterblock.com   (296 words)

  
 Institute for Justice: HAN: Programs for Undergraduate and Law Students
These topics are taught alongside others rarely discussed in law school, such as: natural rights theory, public interest litigation tactics, cutting-edge constitutional theories, media skills, and the use of social science research.
After attending this crash course in public interest law, the IJ Way, participants are able to recognize and seize public interest opportunities in the future.
Most IJ law clerks arrange their own funding from law school public interest fellowships or other outside sources, but a limited number of paid clerkships are available.
www.ij.org /students/index.html   (892 words)

  
 Legal Theory Lexicon: Legal Theory Lexicon 048: Libertarian Theories of Law
There is, however, a counter-tradition in legal theory that challenges the legitimacy of law and contends that the role of law should be narrowly confined or even eliminated.
Libertarian thought is also related to anarchism, with roots in the thought of William Godwin, Pierre-Joseph Prodhoun, and others.
Legal Theory Lexicon 044: Legal Theory, Jurisprudence, and the Philosophy of Law
lsolum.typepad.com /legal_theory_lexicon/2005/06/legal_theory_le.html   (2956 words)

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