Kinsella on Liberty Podcast, Episode 200.
I was interviewed yesterday by Steve Rose of The Anarchist Standard about a libertarian/anarchist strategy and a variety of other matters.
From his description:
“Stephan and I discussed his path to anarchism, the changing labels for the liberty movement, artificial intelligence, religion, world government, and prospects for the future of liberty.”
Podcast (kinsella-on-liberty): Play in new window | Download (Duration: 1:19:37 — 64.5MB)
Kinsella on Liberty Podcast, Episode 199.
I discussed legislation and law with Tom Woods on his show today, Episode 557:
About the Guest
Stephan Kinsella is a registered patent attorney, lecturer, and author. He is the Director of the Center for the Study of Innovative Freedom, Founding and Executive Editor of Libertarian Papers, and blogger at The Libertarian Standard.
Get a FREE signed and personalized Tom Woods book for yourself when you buy a loved one a subscription to LibertyClassroom.com by Christmas. Drop me a line after buying and let me know what book you’d like and where I should send it.
“Legislation and the Discovery of Law in a Free Society” (PDF) by Stephan Kinsella
Liberty and Law (PDF), by Giovanni Sartori
“The State’s Corruption of Private Law,” by Stephan Kinsella
“Another Problem with Legislation: James Carter and the Field Codes,” by Stephan Kinsella
Law, Legislation, and Liberty, vol. 1: Rules and Order, by F.A. Hayek
Freedom and the Law, by Bruno Leoni
Books by the Guest
Against Intellectual Property
International Investment, Political Risk, and Dispute Resolution: A Practitioner’s Guide
Protecting Foreign Investment Under International Law: Legal Aspects of Political Risk
For some more related posts/resources:
- “Legislation and Law in a Free Society,” Mises Daily (Feb. 25, 2010)
- “Legislation and the Discovery of Law in a Free Society,” Journal of Libertarian Studies 11 (Summer 1995)
- Another Problem with Legislation: James Carter v. the Field Codes
- Kinsella & Rome, Louisiana Civil Law Dictionary (Quid Pro Books, 2011)
- Regret: The Glory of State Law
- KOL001 | “The (State’s) Corruption of (Private) Law” (PFS 2012)
- Hayek, Law, Legislation and Liberty, vol. 1
- John Hasnas, The Myth of the Rule of Law
- David Kelley & Roger Donway, Laissez Parler: Freedom in the Electronic Media (linked here)
- Bruno Leoni, Freedom and the Law
- Giovanni Sartori, Liberty and Law (pdf)
- Shael Herman, The Louisiana Civil Code: A European Legacy for the United States
- Alan Watson, Roman Law and Comparative Law
- Idem, The Importance of “Nutshells”, AJCL, 1994
- Why Airwaves (Electromagnetic Spectra) Are (Arguably) Property
Podcast (kinsella-on-liberty): Play in new window | Download (Duration: 40:08 — 27.6MB)
Kinsella on Liberty Podcast, Episode 198.
This is a discussion with Ash Navabi, an economics grad student at George Mason, who messaged me this question:
Hi Stephan. I’m having a conceptual problem distinguishing IP and tangible property.
In Against IP, you said that an IP right gives the IP owner “invariably transfer partial ownership of tangible property from its natural owner to innovators, inventors, and artists.”
But doesn’t this apply to every property right? If I own a tract of land, why can’t we say that if I ban you riding across it with your dirt bike, then I am claiming ownership over your dirt bike?
I decided to just discuss this with him for the podcast. We ended up veering into a couple tangential issues like auctions for trade secrets in an IP-free world, and so on.
Before we talked, I asked him to read:
Other materials mentioned during our discussion:
The video is streamed below.
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Kinsella on Liberty Podcast, Episode 197.
I discussed Rothbardian/libertarian contract theory with Tom Woods on his show today:
Ep. 547 The Central Rothbard Contribution I Overlooked, and Why It Matters
Stephan Kinsella explains the importance of Rothbard’s theory of contract — a point I myself did not appreciate until this episode — and contrasts it with mainstream theories, which most libertarians think are the same as their own. We need to get these fundamentals right, so listen in and learn with me!
“Toward a Reformulation of the Law of Contracts,” by Williamson M. Evers
“A Libertarian Theory of Contract: Title Transfer, Binding Promises, Inalienability,” by Stephan Kinsella
The Ethics of Liberty, by Murray N. Rothbard
For some more related posts/resources:
- A Libertarian Theory of Contract: Title Transfer, Binding Promises, and Inalienability, Journal of Libertarian Studies 17, no. 2 (Spring 2003): 11-37 [based on paper presented at Law and Economics panel, Austrian Scholars Conference, Auburn, Alabama (April 17, 1999)]
- Justice and Property Rights: Rothbard on Scarcity, Property, Contracts…
- KOL020 | “Libertarian Legal Theory: Property, Conflict, and Society: Lecture 3: Applications I: Legal Systems, Contract, Fraud” (Mises Academy, 2011) around Slide 16: slides here
- The Libertarian View on Fine Print, Shrinkwrap, Clickwrap
- KOL146 | Interview of Williamson Evers on the Title-Transfer Theory of Contract
- KOL004 | Interview with Walter Block on Voluntary Slavery
Podcast (kinsella-on-liberty): Play in new window | Download (Duration: 33:33 — 23.1MB)
In no particular order (okay, roughly chronological), and I realize this is weird and geeky (links provided where possible; others are apparently not online, a shame):
- Fred Rodell, Goodbye to Law Reviews (1936)
- Ronald Dworkin, The Model of Rules (1967)
- Berlin, Isaiah, Four Essays on Liberty (Amazon) (Oxford 1969)
- Rosalyn Higgins, “The Taking of property by the state : recent developments in international law,” Académie de droit international. Recueil des Cours (1982), III, tome 176
- F. A. Mann, “The Consequences of an International Wrong in International and National Law,” British Yearbook of International Law (1976) 48 (1): 1-65
- Various articles by Richard Epstein (most not online), e.g. “Possession As the Root of Title”; Nuisance Law: Corrective Justice and its Utilitarian Constraints; Pleadings and Presumptions; The Social Consequences of Common Law Rules; The Static Conception of the common Law; Past and Future: The Temporal Dimension in the Law of Property
- Various articles by Randy Barnett (many online), e.g. Foreword: Can Justice and the Rule of Law be Reconciled?; A Consent Theory of Contract
- Christopher Blakesly, Theories about International Law
- Arthur Allen Leff, “Unspeakable Ethics, Unnatural Law” (1979)
- Trimble, P.R., “A Revisionist View of Customary International Law” (1986)
- Buckley, F.H., “Contract Theories: Paradox Lost,” Minnesota Law Review (1988)
- Smith, Ernest E. & John S. Dzienkowski, “A Fifty-Year Perspective On World Petroleum Arrangements,”24 Texas International Law Journal 13 (1989) (here)
- Ernest E. Smith, From Concessions to Service Contracts (1992)
- Alan Watson, The Importance of ‘Nutshells’ (1994)
- Great American Law Reviews (not online), Berring, Robert C., and Salley Gunderson, Editors (Birmingham: The Legal Classics Library, 1984–1990. Three volumes) selected pieces, including:
- The Origin and Scope of the American Doctrine of Constitutional Law, James B. Thayer, Harv. L. Rev., 1893
- Some Fundamental Legal Conceptions as Applied in Judicial Reasoning, Wesley Newcomb Hohfeld, Yale L. J., 1913
- A Realistic Jurisprudence: The Next Step, Karl N. Llewellyn, Colum. L. Rev., 1930
- Some Reflections on the Reading of Statutes, Felix Frankfurter, Colum. L. Rev., 1947
- Toward Neutral Principles of Constitutional Law, Herbert Wechsler, Harv. L. Rev., 1959
- The Problem of Social Cost, R.H. Coase, J. Law & Econ., 1960
- The Supreme Court, 1960 Term-Foreword: The Passive Virtues, Alexander M. Bickel, Harv. L. Rev., 1961
- Neutral Principles and some First Amendment Problems, Robert H. Bork, Indiana L. J., 1971
- The Wages of Crying Wolf: A Comment on Roe v. Wade, John Hart Ely, Yale L. J., 1973
This is from a LBRY press release. (I didn’t come up with the wording; I guess that’s why I’m on the legal side instead of marketing or business.)
LBRY Inc., the startup behind a new blockchain-based content distribution platform, now has some serious intellectual and legal muscle on board with the addition of one of the country’s leading experts on intellectual property law.
Stephan Kinsella has joined the executive team of LBRY Inc. as Legal Advisor, helping the company navigate complex US and international copyright laws as they seek to radically upend the media industry. [click to continue…]
Kinsella on Liberty Podcast, Episode 196.
This is my appearance on the Jason Stapleton Program: Intellectual Property: A Libertarian Debate with Stephan Kinsella.
Podcast (kinsella-on-liberty): Play in new window | Download (Duration: 45:02 — 50.2MB)
Kinsella on Liberty Podcast, Episode 195.
This is my appearance on theThe 21st Century Anarchist Podcast Ep. 038: IP with Stephan Kinsella, with host Hermann Morris.
Podcast (kinsella-on-liberty): Play in new window | Download (Duration: 53:57 — 49.4MB)