On the whole I completely agree that private property is the only way to secure a person’s desire to live as he pleases, and I also hold-fast to the Mises line that intervention in the economy is inefficient. But I think tying this to unproven notions of ‘natural rights’ is fallacious.
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We have self ownership. [This is a fact and no value-judgement is made.]
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From self-ownership we have the right to property. [This is not a fact and is indeed a normative statement in violation of the is-ought principle.]
If 2 is true (and philosophically speaking it is not) then why should the Rothbardian theory of property rights be adhered to? Why not the Rawlsian theory? We can have some degree of private property coexisting with taxation and redistribution, yet libertarians argue against this. Why? The answer, I think, lies in purely consequentialist grounding. We know that capitalism and private property with little/no tax results in economic prosperity and a greater ability for man to pursue his rational and selfish ends - as Mises affirms in Human Action. And our ultimate justification for absolute property rights lies in consequentialist grounding.
I can’t remember exactly where I read this but I have it on my clipboard so I’ll just paste it. “The rule and its two conditions have intuitive appeal but, like the value of freedom that is self-evident to lovers of freedom but not to nonlovers, this appeal too lacks universality. However, two other, less relative arguments support it. One is epistemological. There are two rival presumptions: “everything is admitted that is not specifically excluded,” and “everything is excluded that is not specifically admitted.” Whichever hypothesis is adopted, either the list of excluded, or the list of admitted actions is sufficient for identifying any action as either admitted or not. Both are not needed for guidance in choosing actions. However, the list of feasible actions is indefinitely long. Compiling the full list of interdictions is, under ordinary circumstances, a less onerous task than compiling a full list of permissions; enumerating what we must not do, and monitoring that we do not do it, are less exacting than listing what we have no right to do, and monitoring that we do not do what we have no right to do. However, if no lists of either kind are readily available, distinguishing between what is admitted and what is excluded becomes a matter of probabilistic inference, and in the extreme case where neither a priori grounds nor indirect, circumstantial evidence favor certain actions over others, putting one’s proposed action in one category rather than another becomes a random choice. Discovery of admissible actions, then, is more likely, and the risk of mistaking an excluded action for admissible is less likely if the first presumption prevails than if the second prevails. The worst of both worlds is if there is a list of excluded actions, a list of “rights,” and an unspecified zone about which no clear presumption exists, allowing free play to political discretion. Such a configuration is typical of para-totalitarian government. The other argument is that the presumptions of admissibility and of inadmissibility are not morally equivalent. In a borderline case, the first presumption permits a proposed action to take its course unless a good cause is shown why it should not. Harm and contrary obligation constitute such causes under the suspensive conditions of the “feasible is free” principle. If the action is harmless and breaches no obligation, it is free. Harm or obligation has to be proven to stop it. The second presumption stops the proposed action unless good cause is shown why it should be allowed to take its course. Let us suppose for argument’s sake that there is symmetry between the suspensive conditions of the two presumptions. Both presumptions are suspended only with respect to harms and breaches of obligation, and nothing else. For the second presumption, this means that unless it can be shown that the proposed action is harmless and breaches no obligation, it must not take its course. If the universe of harms that the particular action must not cause is not clearly and unambiguously bounded, it is impossible to prove (i.e., verify) that the action would be harmless. The universe of imaginable harms is too vast and ill defined for every possible harm to be enumerated, examined, and its chance eliminated. Likewise, if the universe of obligations is not strictly circumscribed, it is impossible to prove that there is no obligation that the action would be in breach of, i.e., no right that it would violate. If both universes are properly and narrowly bounded, proof is possible in principle but hard to produce in practice.”
What this basically means is that a “right to X” is completely redundant if, should this “right” not exist, it is permissible to have/do “X”. In this case (where “X” is already permissible), what does a “right to X” actually do except function as emotive rhetoric? So for a “right to X” not to be redundant, “X” must be considered impermissible by default, and “a right to X” overrides this. Since “rights” of this kind can be expanded to include everything, everything must be considered impermissible by default, and the list of “rights” is a list of exceptions to this.
Unfortunately for us libertarians, “natural” rights theories are a load of nonsense. But the epistemological arguments for the presumption of liberty AREN’T nonsense. De Jasay should be required reading for all libertarians.
Lol, this is very off-topic.