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Libertarian Answer Man: Promise and Marriage Contracts


I  had a question on marriage contracts: are they enforceable contracts or just promises? I don’t see any title ownership claims being exchanged when the people just say “I will be faithful,” it sounds just like a promise, would this part of the marriage contract be enforceable and would someone who cheated be held liable for breaking this contract? I don’t see how they would… I don’t know what the wording is on the contracts, but I don’t see how someone should pay restitution or go through the legal trouble for cheating if it’s just breaking the promise. [continue reading…]


Libertarian Answer Man: Easements and Rights of Way


Dear Mr. Kinsella,

You have made the point that technically speaking a property right is not the right to control a resource but the right to exclude others from using a resource. [See LFFS, ch. 2, Appendix I, the section “Property as a Right to Exclude” —SK] If you have the time I would like to ask 2 questions regarding how this applies to easements like a right of way.

Positive easements like a right of way are commonly looked at as the right to USE OR DO something to the land that is the subject of the easement.
How would one look at a right of way or other such easements from the perspective of the “right to exclude”? What do you have the right exclude the primary owner from doing with their land in this case? [continue reading…]


Last year I had an email discussion with a friend, Johann Gevers, about legal entities and corporations and such. Our discussion, lightly edited, is appended below, with Johann’s permission. For background see my post Corporate Personhood, Limited Liability, and Double Taxation.



I’ve read Robert Hessen’s In Defense of the Corporation and found it excellent. I found it interesting that he disagrees with the notion that corporations are distinct entities, separate from the voluntary association of individuals (shareholders, board, executive, etc.) that makes up the corporation. Also interesting is his careful and insightful description of corporate liability for tort, distinguishing intentional and unintentional / negligence cases, and pointing out that principals (such as board members, executives, etc.) do not escape liability for their actions, i.e. cannot hide behind the corporate veil (though he doesn’t use this term). [continue reading…]


Dear Mr Kinsella,

I had a question about eminent domain [expropriation] and who becomes the rightful owner of a resource, let’s say a house, after the state has expropriated (stolen) it from the original owner. [continue reading…]


Kinsella on Liberty Podcast: Episode 425.

From Adam Haman’s show Haman Nature. Released Feb. 15, 2024.

From Adam’s shownotes:

Adam gets all intellectual and stuff with Stephan Kinsella. Part two of this interview explains why the concept of “intellectual” property is illegitimate and impedes humanity’s progress. [Previous episode: KOL423 | Haman Nature Ep. 1: Getting Argumentative.]

Update: See the response/commentary video:

00:00 – Intro

01:15 – Introducing two amazing books: Stephan’s Against Intellectual Property and Against Intellectual Monopoly by Boldrin and Levine. Then Stephan touches on many aspects of the philosophical and consequential aspects of intellectual property laws. The dude goes all over the place! There’s no stopping him! He knows so much!

26:38 — Outro


Kinsella on Liberty Podcast: Episode 424.

This is my appearance on Robert Breedlove’s What Is Money podcast  (WiM430; Youtube channel; recorded Feb. 2, 2024; released Feb. 15, 2024). This one is independent of the “Stephan Kinsella Series” as it is about my own new book, instead of focusing on Hoppe’s work.

Episode Summary: Stephan Kinsella joins me to discuss his book, Legal Foundations of a Free Society. We talk about the concept of self-ownership, the classification of rights, the significance of contracts, and the state monopoly.

00:00:00 – Coming up
00:00:21 – Intro
00:01:54 – Helping Lightning Startups with In Wolf’s Clothing
00:02:41 – Introducing Stephan Kinsella
00:03:39 – The Concept of Self-Ownership
00:07:45 – Classification of Rights
00:10:25 – Defining Liberty
00:13:18 – The Non-Aggression Axiom
00:16:23 – Understanding the Nuances of Intellectual Property Rights
00:22:14 – The Right to Exclude
00:26:00 – The Rules of Ownership
00:30:21 – Finding Objective Link to Prevent Conflict
00:33:22 – The Right to Self-Ownership
00:38:50 – Transformation of Libertinism
00:42:05 – Run Your Business from Anywhere with NetSuite
00:43:10 – Secure Your Bitcoin Stash with the iCoin Hardware Wallet
00:44:20 – The Right to Self-Defense
00:47:00 – Self-Ownership and Slavery
00:49:29 – Violation of Contracts
00:54:47 – Contract: Independent Title Transfer
00:56:51 – Terms of the Contract
01:02:11 – Loan and Repayment
01:06:00 – Enhance Your Brain Power with Mind Lab Pro
01:07:06 – Take Control of Your Healthcare with CrowdHealth
01:08:13 – Purpose of Political System
01:15:01 – The State Monopoly
01:20:30 – Where to Find Stephan on the Internet


KOL423 | Haman Nature Ep. 1: Getting Argumentative


Kinsella on Liberty Podcast: Episode 423.

My appearance as the first guess on Adam Haman’s new podcast and Youtube channel, Haman Nature (Haman Nature substack).

As I noted in the initial discussion, this is the fourth or fifth podcast for which I was the first guest, the others being KOL374 | The Intellectual Contributions of Hans-Hermann Hoppe: The Great Fiction Podcast Ep. 1, KOL078 | Lions of Liberty Podcast Inaugural Episode: Intellectual PropertyKOL244 | “YOUR WELCOME” with Michael Malice Ep. 001: Intellectual Property, Prostate Cancer, and KOL347 | This Time I’m Curious Ep. 1: The Libertarian Movement, AI Rights, UFOs, Music, Movies, Alcohol. [continue reading…]


Ammous vs. Block on Israel

As I tweeted here:

Walter Block’s pro-Israel WSJ article from October, “The Moral Duty to Destroy Hamas” (substack version) upset lots of libertarians, e.g. Scott Horton who says, at about 1:08:00 here, that Walter is now kicked out of libertarianism because of his Israel-Gaza views.

Kevin Duffy also criticized him; Walter responded here: “Have I Gone AWOL?” He argued that his views on Gaza are fine since it’s okay to disagree with Rothbard and still be a libertarian. [continue reading…]


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