Libertarian Stephan Kinsella shares his background as an engineer turned lawyer. A conversation on IP rights delves into arguments against patents & copyrights.
My appearance on Adam Haman’s podcast and Youtube channel, Haman Nature (Haman Nature substack), episode 27. I have previously argued against “school choice” (KOL419 | Soho Forum Debate vs. Corey Deangelis: School Choice). Adam wrote an article promoting school choice and I objected to it. He invited me to come back on his show to discuss and I did and, well, he kinda sorta changed my mind, or at least softened my opposition.
I love these kind of real conversations when people actually listen to each other with the shared goal of promoting liberty and reaching the truth, and with no ego or other investments involved that could prevent you from seeing reason or truth or the other guy’s position and even being willing to change your mind. And I like when I lose! I mean it rarely happens, but I like it–it means I learned something. Which is also increasingly rare. Enjoy!
[Note: This piece was originally intended to appear in Elvira Nica & Gheorghe H. Popescu, eds., A Passion for Justice: Essays in Honor of Walter Block (New York: Addleton Academic Publishers, forthcoming), but it has been withdrawn for various reasons so I am posting it here. This article is not a comprehensive overview of all of Walter’s publications, and does not include his pro-covid lockdown writing or more recent Israel-Gaza related publications. This is part of the reason for my withdrawing the piece. I could not in good faith omit discussion of these issues, but since I strongly disagree with Walter on these matters, it would be inappropriate to include such criticism in a book of essays in his honor.]1
I dare say no single person has ever read all of Walter Block’s massive corpus of publications. There are just too many. Walter’s writing spans a large number of topics in Austrian economics and libertarianism as well as in other areas, published over a more than fifty year period. This includes innumerable popular articles, 32 or so books, and hundreds of scholarly journal articles. His first articles were published in 1969; his first piece in a refereed journal was published in 1971,[2] a year before he received his Ph.D. As Walter tells his friends, one of his goals is to publish 1,000 articles in refereed journals and law reviews,[3] and by his count, he’s currently at about 700. So he is on track to meet his goal in about twelve years. He’s only 82 now, after all. [continue reading…]
Mr. Kinsella is both an internationally recognized scholar on libertarian legal theory and a former Senior Fellow with the Mises Institute. The Mises Institute’s purpose is to promote teaching and research in the Austrian school of economics in the tradition of Ludwig von Mises and Murray Rothbard. In the foreword to Stephan’s most recent book, Legal Foundations of a Free Society, the great Austrian economist Hans-Hermann Hoppe said, “Henceforth, then, all essential studies in the philosophy of law and the field of legal theory will have to take full account of the theories and criticisms expounded by Kinsella.” Stephan will be introducing Austrian economics that is in part shaped by the rare insights one can only get as a scholar and insider.
This is my first talk on a purely economic topic. I tried not to dumb it down but also not talk over people’s heads, but I only had 45 minutes. This is the recording I made on my iphone. [continue reading…]
Stephan Kinsella is a pioneer on the topic of intellectual property (IP). His arguments against IP also carry over to the cyberspace. Can you even “own” Bitcoin? After all, it is just a number on an elliptic curve…
“Q – can you have a valid contract over things that don’t exist?
and especially if there’s no property title being transferred?
like it’s buying the idea of a kilometre? or a ‘rare sat’?”
Okay here’s how others might say: there is no thing to transfer so the contract is null and void, or something like that. That is because they think of contract as some kind of independent thing—a relationship, a legal “obligation.” And that one of the effects of a contract is that someone gets title to something that they agreed to, etc etc. This view of contract also thinks of the parties as being obligated to each other, and if they don’t perform their obligation they are in breach and owe damages, etc. [continue reading…]
Q: If I sign something that says “this person is allowed to kill me under xyz circumstances and he is owed $10 from my estate if he fulfills this” and, assuming I never renege, those circumstances arise and the person kills me, would the thing I signed be a valid defense against murder charges in a free society and/or an enforceable claim against the estate?
Kinsella:
I think in a free society, it would be a defense because it would indicate consent. (And yes, the estate owed the $10.)
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