“I think this is confused because the very nature of claiming rights inherently implies that others ought not violate them. A rights claim functions as an interpersonal standard of conduct. To say that you have a right is to make a claim that about how others should act relative to you. If I have a “right to life”, this is to put foreward a normative standard that others ought not murder me. If I have a “property right”, this is to put foreward a normative standard that I ought to have decision-making power over something and others ought not have it. It simply makes no sense to attempt to divorce rights-concepts from normativity.”
I’ll extend this quote with the example, so you can see it’s application. An it outlines the concept better.
"The error here on the part of the “…” libertarians is to confuse the question of the moral course of action for the person in such a tragic situation with the totally separate question of whether or not his seizing of lifeboat or plank space by force constitutes an invasion of someone else’s property right. For we are not, in constructing a theory of liberty and property, i.e., a “political” ethic, concerned with all personal moral principles. We are not here with concerned whether it is moral or immoral for someone to lie, to be a good person, to develop his faculties, or be kind or mean to his neighbors. We are concerned, in this sort of discussion, solely with such “political ethical” questions as the proper role of violence, the sphere of rights, or the definitions of criminality and aggression. Whether or not it is moral or immoral for “Smith” — the fellow excluded by the owner from the plank or the lifeboat — to force someone else out of the lifeboat, or whether he should die heroically instead, is not our concern, and not the proper concern of a theory of political ethics.[5]
The crucial point is that even if the “…” libertarian may say that, given the tragic context, Smith should throw someone else out of the lifeboat to save his own life, he is still committing, at the very least, invasion of property rights, and probably also murder of the person thrown out. So that even if one says that he should try to save his life by forcibly grabbing a seat in the lifeboat, he is still, in our view, liable to prosecution as a criminal invader of property right, and perhaps as a murderer as well. After he is convicted, it would be the right of the lifeboat owner or the heir of the person tossed out to forgive Smith, to pardon him because of the unusual circumstances; but it would also be their right not to pardon and to proceed with the full force of their legal right to punish.
Once again, we are concerned in this theory with the rights of the case, not with whether or not a person chooses voluntarily to exercise his rights. In our view, the property owner or the heir of the killed would have a right to prosecute and to exact proper punishment upon the aggressor. The fallacy of the “…” is to confuse considerations of individual, personal morality (what should Smith do?) with the question of the rights of the case. The right of property continues, then, to be absolute, even in the tragic lifeboat situation…
To sum up the application of our theory to extreme situations: if a man aggresses against another’s person or property to save his own life, he may or may not be acting morally in so doing. That is none of our particular concern in this work. Regardless of whether his action is moral or immoral, by any criterion, he is still a criminal aggressor against the property of another, and the victim is within his right to repel that aggression by force, and to prosecute the aggressor afterward for his crime."
~ MNR, TEOL CHp. 20
And here is Block who agrees with Rothbard:
"Libertarianism is limited to political philosophy; it does not include [personal] ethics. It takes no view whatsoever as to the moralitv of pornography, prostitution, homosexuality, gambling, drugs, etc. It states only that, given that these acts take place between consenting adults, they should not be proscribed by law. When prohibited they are victimless crimes, and thus should be legalized [decriminalized].
…
“Even more narrowly, libertarianism may properly be construed solely as a theory of punishment. If someone uses coercion, then it is proper to utilize physical force against him, with the goal of rectifying the injustice, compensating the victim, as much as possible7. A side order claim of libertarianism, something not intrinsic to it, is that it will in some sense lead to the ''greatest happiness for the greatest number of people.” In other words, this philosophy claims a compatibility with utilitarianism. But not a direct one. Were libertarianism a mere branch of utilitarianism, it would ask of every contemplated action in order to determine its legitimacy, not whether it constitutes an invasion of person or property, but rather whether it will maximize utility’. That there is nevertheless an important connection is a pretty reasonable claim."
So essentially, if you don’t want to get punished - then you probably shouldn’t violate my rights. This isn’t being said libertarian qua libertarian though. You can choose to violate them, libertarianism says nothing about that - only that you have a right to be punished & the use of violence in doing so would be justified.
"Radical Privatization and other Libertarian Conundrums by Walter Block
Block, Walter. 2002. “Radical Privatization and other Libertarian Conundrums,” The International Journal of Politics and Ethics, Vol. 2, No. 2, pp. 165-175
On the other hand, given that libertarianism, strictly and narrowly construed, does not forbid killing the innocent, but only requires that such a person be duly punished, its claim to promote utility can still be maintained.
Very interesting stuff.. obviously this appears out of context, lol so everyone should read the link - as there is way too much to paste here. "