As part of my law degree (in Australia) I have the option of taking a year-long research subject where I get to choose my topic.
Are there any legal theory or law related topics that are worth exploring from a libertarian perspective? I have to produce a 10,000 word paper.
IP.
Why not email Stephan Kinsella? I’m sure he’d be happy to suggest a good one.
In Knowledge, Calculation, Conflict, and Law, Stephan Kinsella writes:
“One question that bears exploring in this regard is exactly how libertarian are the abstract principles of justice that have been followed throughout the ages by judges and jurists of the common law, Roman law, and Law Merchant? In other words, just how libertarian are the legal precepts actually developed historically, and just how strong is the presumption of legitimacy which is to be accorded to these extant bodies of law? Which concepts of the common law are illiberal enough, when compared to Barnett’s carefully-developed abstract principles of justice, to overcome the presumption of legitimacy? And how did the common law happen to employ more or less correct abstract principles of justice even before modern libertarian theory? Are these principles intuitive? Was it luck? Natural selection? Barnett does not answer these questions, but cannot be criticized for not doing everything. Libertarian law students and scholars looking for topics to research, pay heed!” [Emphasis added]
I’d personally love to see a paper on this topic, because it’s something I’ve been wondering about for a while now. I may even embark on such a project myself.
Yeah, I would email Kinsella even if you already have a topic. He might be able to point you in some interesting directions once you have decided.
How about a history of ‘victimless crimes’ with a libertarian spin.
What about intellectual property/copyrights? Or seasteading/ownership of bodies of water? Utilities monopolies?