Podcast (kinsella-on-liberty): Play in new window | Download (Duration: 51:13 — 43.5MB)
Kinsella on Liberty Podcast, Episode 357.
I was a guest recently on Peter Quiñones’ show Free Man Beyond The Wall, Episode 631 (Sept. 15, 2021). From his shownotes:
Pete and Stephan discuss the Constitutionality of Biden’s vaccine mandate and then get into discussions about Hoppe’s plan for local politics and how it can fight against overreach by the Feds.
I post this from Bodrum, Turkey, at the 2021 PFS meeting, watching Saif Ammous talk about bitcoin. The internet is wonderful.
I just came across this draft article in my files. I believe it was written in 2005, as a followup to A Libertarian Defense of Kelo and Limited Federal Power, LewRockwell.com, June 27, 2005. I may not agree with everything in it, and can’t recall why I never published it. It is also not complete–I apparently meant to add some more links and research, and to stitch together a few sections. I may do this at some point. But here it is for now, in its draft form, for what it’s worth.
Judicial Activism and the Presumption of Unconstitutionality
by N. Stephan Kinsella
Draft, July 2005
A recent Reason article by Damon W. Root carries a refreshingly frank title: Unleash the Judges: The libertarian case for judicial activism. Root calls for “a principled form of libertarian judicial activism—that is, one that consistently upholds individual rights while strictly limiting state power,” in contrast to conservatives who “exalt the will of the majority over the liberties of unpopular minorities.” [continue reading…]
Podcast (kinsella-on-liberty): Play in new window | Download (Duration: 32:03 — 29.3MB)
Kinsella on Liberty Podcast, Episode 356.
I was interviewed by Caleb Brown on the topic of IP–explained what it is, its origins, how it’s a type of crony capitalism, and how it emerged historically and acquired the name “intellectual property.” Recorded Sep. 4, 2021.
Based on a post from the Mises Blog, 5/22/2009 (archived comments below). The original post is somehow mangled and I am unable to edit it. This was based on an email I sent to Tulane law professor Professor A.N. Yiannopoulos, a legal giant in Louisiana and civil law scholarship (1, 2), whose brilliant magnum opus, Louisiana Civil Law Treatise, Property, has influenced my own work. Below is an edited version of the note. The notes refer to my friend Greg Rome, a fellow libertarian and Louisiana attorney with whom I co-authored Louisiana Civil Law Dictionary (Quid Pro Books, 2011).
Note: See also Inability to Abandon Property in the Civil Law.
Homesteading, Abandonment, and Unowned Land in the Civil Law
May 21, 2009
We’ve corresponded before, and I believe you know my friend Greg Rome. I wanted to write you regarding some issues concerning the civil code and property, in case you might be interested in sharing any thoughts you have on this matter.
As you may recall, I’m a libertarian and intensely interested in various normative theories regarding property rights, including justifications thereof, Lockean-type homesteading theories, and Austrian economics as related thereto. I have found your own formulations in this regard (e.g. in sec. 1 of your Property treatise)–e.g., your discussion of the nature of property, including its scarcity–to be exquisite and to highlight the essential compatibility of the basic notions of civilian property with the Lockean-libertarian conception thereof, despite the legal positivism and deviations of the civilian system. [continue reading…]
As noted here, the academic ranking site Academic Influence has ranked Professor Hoppe the 36th most influential philosopher between 1990–2020. I did a similar search for Law, 1990–2020, and surprisingly I turned up #113, right after Eric Posner (Justice Scalia was #1). [PDF]
Podcast (kinsella-on-liberty): Play in new window | Download (Duration: 58:09 — 53.3MB)
Kinsella on Liberty Podcast, Episode 355.
I was a guest today (Aug. 20, 2021) on The Bitcoin Group.
Communication and Libertarianism, by Pavel Slutskiy, has recently been published. It’s available in kindle and paper here, but unfortunately at ridiculous academic publisher prices designed to make it impossible for most people to read the book.
As David Gordon explains in his endorsement:
“This is an outstanding contribution to both libertarian political philosophy and communication theory. It is far and away the most comprehensive work on communication issues in libertarian theory ever published. The author has integrated successfully the libertarian insights of Mises, Rothbard, Block, Kinsella and others with the philosophy of language as developed by Austin, Searle and Grice. He has done so in a unique and unprecedented way. The book would appeal to students and scholars interested in libertarian theory and more generally, to philosophers and political scientists interested in high-level scholarship.” —David Gordon, libertarian philosopher and intellectual historian, Ludwig von Mises Institute
I presented a 6-lecture Mises Academy course in 2011, “Libertarian Legal Theory: Property, Conflict, and Society,” and provided the Mid-Term Test and Final Exam used during the course here: “Libertarian Legal Theory: Property, Conflict, and Society”: Mid-Term Test and Final Exam (Mises Academy 2011). The questions, with answers in bold, are highlighted below.
WARNING: Do not read further if you do not want to see the Answer Key. If you want to see the tests without the Answer Key, see “Libertarian Legal Theory: Property, Conflict, and Society”: Mid-Term Test and Final Exam (Mises Academy 2011). [continue reading…]