{"id":291372,"date":"2018-07-25T06:40:47","date_gmt":"2018-07-25T10:40:47","guid":{"rendered":"https:\/\/www.euvolution.com\/futurist-transhuman-news-blog\/uncategorized\/libertarianism-internet-encyclopedia-of-philosophy-27.php"},"modified":"2018-07-25T06:40:47","modified_gmt":"2018-07-25T10:40:47","slug":"libertarianism-internet-encyclopedia-of-philosophy-27","status":"publish","type":"post","link":"https:\/\/www.euvolution.com\/futurist-transhuman-news-blog\/libertarianism\/libertarianism-internet-encyclopedia-of-philosophy-27.php","title":{"rendered":"Libertarianism | Internet Encyclopedia of Philosophy"},"content":{"rendered":"<p><p>What it means to be a \"libertarian\" in a political sense is a contentious issue, especially among libertarians themselves. There is no single theory that can be safely identified as the libertarian theory, and probably no single principle or set of principles on which all libertarians can agree. Nevertheless, there is a certain family resemblance among libertarian theories that can serve as a framework for analysis. Although there is much disagreement about the details, libertarians are generally united by a rough agreement on a cluster of normative principles, empirical generalizations, and policy recommendations. Libertarians are committed to the belief that individuals, and not states or groups of any other kind, are both ontologically and normatively primary; that individuals have rights against certain kinds of forcible interference on the part of others; that liberty, understood as non-interference, is the only thing that can be legitimately demanded of others as a matter of legal or political right; that robust property rights and the economic liberty that follows from their consistent recognition are of central importance in respecting individual liberty; that social order is not at odds with but develops out of individual liberty; that the only proper use of coercion is defensive or       to rectify an error; that governments are bound by essentially the same moral principles as individuals; and that most existing and historical governments have acted improperly insofar as they have utilized coercion for plunder, aggression, redistribution, and other purposes beyond the protection of individual liberty.<\/p>\n<p>In terms of political recommendations, libertarians believe that most, if not all, of the activities currently undertaken by states should be either abandoned or transferred into private hands. The most well-known version of this conclusion finds expression in the so-called \"minimal state\" theories of Robert Nozick, Ayn Rand, and others (Nozick 1974; Rand 1963a, 1963b) which hold that states may legitimately provide police, courts, and a military, but nothing more. Any further activity on the part of the stateregulating or prohibiting the sale  or use of drugs, conscripting individuals for military service, providing taxpayer-funded support to the poor, or even building public roadsis itself rights-violating and hence illegitimate.<\/p>\n<p>Libertarian advocates of a strictly minimal state are to be distinguished from two closely related groups, who favor a smaller or greater role for government, and who may or may not also label themselves \"libertarian.\" On one hand are so-called anarcho-capitalists who believe that even the minimal state is too large, and that a proper respect for individual rights requires the abolition of government altogether and the provision of protective services by private markets. On the other hand are those who generally identify themselves as classical liberals. Members of this group tend to share libertarians' confidence in free markets and skepticism over government power, but are more willing to allow greater room for coercive activity on the part of the state so as to allow, say, state provision of public goods or even limited tax-funded welfare transfers.<\/p>\n<p>As this  article will use the term, libertarianism is a theory about the proper role of  government that can be, and has been, supported on a number of different  metaphysical, epistemological, and moral grounds. Some libertarians are theists who  believe that the doctrine follows from a God-made natural law. Others are  atheists who believe it can be supported on purely secular grounds. Some  libertarians are rationalists who deduce libertarian conclusions from axiomatic  first principles. Others derive their libertarianism from empirical  generalizations or a reliance on evolved tradition. And when it comes to  comprehensive moral theories, libertarians represent an almost exhaustive array  of positions. Some are egoists who believe that  individuals have no natural duties to aid their fellow human beings, while  others adhere to moral doctrines that hold that the better-off have significant  duties to improve the lot of the worse-off. Some libertarians are deontologists, while others are consequentialists, contractarians,  or virtue-theorists. Understanding libertarianism  as a narrow, limited thesis about the proper moral standing, and proper zone of  activity, of the stateand not a comprehensive ethical or metaphysical  doctrineis crucial to making sense of this otherwise baffling diversity of  broader philosophic positions.<\/p>\n<p>This  article will focus primarily on libertarianism as a philosophic doctrine. This  means that, rather than giving close scrutiny to the important empirical claims  made both in support and criticism of libertarianism, it will focus instead on  the metaphysical, epistemological, and especially moral claims made by the  discussants. Those interested in discussions of the non-philosophical aspects  of libertarianism can find some recommendations in the reference list below.<\/p>\n<p>Furthermore,  this article will focus almost exclusively on libertarian arguments regarding  just two philosophical subjects: distributive justice and political authority. There  is a danger that this narrow focus will be misleading, since it ignores a  number of interesting and important arguments that libertarians have made on  subjects ranging from free speech to self-defense, to the proper social  treatment of the mentally ill. More generally, it ignores the ways in which  libertarianism is a doctrine of social or civil liberty, and not just one of  economic liberty. For a variety of reasons, however, the philosophic literature  on libertarianism has mostly ignored these other aspects of the theory, and so  this article, as a summary of that literature, will generally reflect that trend.<\/p>\n<p>Probably  the most well-known and influential version of libertarianism, at least among  academic philosophers, is that based upon a theory of natural rights. Natural  rights theories vary, but are united by a common belief that individuals have  certain moral rights simply by virtue of their status as human beings, that  these rights exist prior to and logically independent of the existence of  government, and that these rights constrain the ways in which it is morally  permissible for both other individuals and governments to treat individuals.<\/p>\n<p>Although  one can find some earlier traces of this doctrine among, for instance, the English  Levellers or the Spanish School of Salamanca, John  Locke's political thought is generally  recognized as the most important historical influence on contemporary natural  rights versions of libertarianism. The most important elements of Locke's  theory in this respect, set out in his Second  Treatise, are his beliefs about the law of nature, and his doctrine of property  rights in external goods.<\/p>\n<p>Locke's  idea of the law of nature draws on a distinction between law and government that  has been profoundly influential on the development of libertarian thought. According  to Locke, even if no government existed over men, the state of nature would  nevertheless not be a state of \"license.\" In other words, men would still be  governed by law, albeit one that does not originate from any political source (c.f.  Hayek 1973, ch. 4). This law, which Locke calls the \"law of nature\" holds that  \"being all equal and independent, no one ought to harm another in his life,  liberty, or possessions\" (Locke 1952, para. 6). This law of nature serves as a  normative standard to govern human conduct, rather than as a description of  behavioral regularities in the world (as are other laws of nature like, for  instance, the law of gravity). Nevertheless, it is a normative standard that  Locke believes is discoverable by human reason, and that binds us all equally  as rational agents.<\/p>\n<p>Locke's  belief in a prohibition on harming others stems from his more basic belief that  each individual \"has a property in his own person\" (Locke 1952, para. 27). In  other words, individuals are self-owners. Throughout this essay we will refer  to this principle, which has been enormously influential on later libertarians,  as the \"self-ownership principle.\" Though controversial, it has generally been  taken to mean that each individual possesses over her own body all those rights  of exclusive use that we normally associate with property in external goods. But  if this were all that individuals  owned, their liberties and ability to sustain themselves would obviously be  extremely limited. For almost anything we want to doeating, walking, even breathing, or speaking in order  to ask another's permissioninvolves the use of external goods such as land, trees, or air. From this, Locke  concludes, we must have some way of acquiring property in those external goods,  else they will be of no use to anyone. But  since we own ourselves, Locke argues, we therefore also own our labor. And by  \"mixing\" our labor with external goods, we can come to own those external goods  too. This allows individuals to make private use of the world that God has  given to them in common. There is a limit, however, to this ability to  appropriate external goods for private use, which Locke captures in his famous \"proviso\"  that holds that a legitimate act of appropriation must leave \"enough, and as  good... in common for others\" (Locke 1952, para. 27). Still, even with this limit,  the combination of time, inheritance, and differential abilities, motivation,  and luck will lead to possibly substantial inequalities in wealth between  persons, and Locke acknowledges this as an acceptable consequence of his  doctrine (Locke 1952, para. 50).<\/p>\n<p>By far  the single most important influence on the perception of libertarianism among  contemporary academic philosophers was Robert Nozick in his book, Anarchy, State, and Utopia (1974). This book is an  explanation and exploration of libertarian rights that attempts to show how a  minimal, and no more than a minimal, state can arise via an \"invisible hand\" process out of a state of nature without  violating the rights of individuals; to challenge the highly influential claims  of John Rawls that purport to show that a more-than-minimal state was justified and  required to achieve distributive justice; and to show that a regime of  libertarian rights could establish a \"framework for utopia\" wherein different  individuals would be free to seek out and create mediating institutions to help  them achieve their own distinctive visions of the good life.<\/p>\n<p>The  details of Nozick's arguments can be found at Robert  Nozick. Here, we will just briefly point out a few elements of particular  importance in understanding Nozick's place in contemporary libertarian thoughthis focus on the \"negative\" aspects of liberty and rights, his Kantian  defense of rights, his historical theory of entitlement, and his acceptance of  a modified Lockean proviso on property acquisition. A discussion of his  argument for the minimal state can be found in the section on  anarcho-capitalism below. <\/p>\n<p>First,  Nozick, like almost all natural rights libertarians, stresses negative  liberties and rights above positive liberties and rights. The distinction  between positive and negative liberty, made famous by Isaiah Berlin (Berlin 1990), is often thought  of as a distinction between \"freedom to\" and \"freedom from.\" One has positive  liberty when one has the opportunity and ability to do what one wishes (or, perhaps, what  one \"rationally\" wishes or \"ought\" to wish). One has negative liberty, on  the other hand, when there is an absence of external interferences to one's doing what one wishesspecifically,  when there is an absence of external interferences by other people. A person who is too sick to gather food has his  negative liberty intactno one is stopping him from gathering foodbut not his positive liberty as he is unable to  gather food even though he wants to do so. Nozick and most libertarians see the  proper role of the state as protecting negative liberty, not as promoting  positive liberty, and so toward this end Nozick focuses on negative rights as  opposed to positive rights. Negative rights are claims against others to refrain from certain kinds of actions against you. Positive rights are claims  against others to perform some sort of positive action. Rights against assault,  for instance, are negative rights, since they simply require others not to assault you. Welfare rights, on  the other hand, are positive rights insofar as they require others to provide  you with money or services. By enforcing negative rights, the state protects  our negative liberty. It is an empirical question whether enforcing merely  negative rights or, as more left-liberal philosophers would promote, enforcing  a mix of both negative and positive rights would better promote positive  liberty.<\/p>\n<p>Second,  while Nozick agrees with the broadly Lockean picture of the content and government-independence  of natural law and natural rights, his remarks in defense of those rights draw  their inspiration more from Immanuel Kant than from  Locke. Nozick does not provide a full-blown argument to justify libertarian  rights against other non-libertarian rights theoriesa point for which he has  been widely criticized, most famously by Thomas Nagel (Nagel 1975). But what he  does say in their defense suggests that he sees libertarian rights as an  entailment of the other-regarding element in Kant's second formulation of the categorical imperativethat we treat the  humanity in ourselves and others as an end in itself, and never merely as a means. According to Nozick,  both utilitarianism and theories that uphold positive rights sanction the involuntary  sacrifice of one individual's interests for the sake of others. Only  libertarian rights, which for Nozick take the form of absolute side-constraints  against force and fraud, show proper respect for the separateness of persons by  barring such sacrifice altogether, and allowing each individual the liberty to  pursue his or her own goals without interference.<\/p>\n<p>Third, it  is important to note that Nozick's libertarianism evaluates the justice of  states of affairs, such as distributions of property, in terms of the history or process by which that state of affairs arose, and not by the extent  to which it satisfies what he calls a patterned or end-state principle of  justice. Distributions of property are just, according to Nozick, if they arose  from previously just distributions by just procedures. Discerning the justice  of current distributions thus requires that we establish a theory of justice in  transferto tell us which procedures constitute legitimate means of  transferring ownership between personsand a theory of justice in acquisitionto tell us how individuals might come to own external goods that were  previously owned by no one. And while Nozick does not fully develop either of  these theories, his skeletal position is nevertheless significant, for it  implies that it is only the proper  historical pedigree that makes a distribution just, and it is only deviations  from the proper pedigree that renders a distribution unjust. An implication of  this position is that one cannot discern from time-slice statistical data alonesuch as the claim that the top fifth of the income distribution in the United States controls more than 80 percent of  the nation's wealththat a distribution is unjust. Rather, the justice of a  distribution depends on how it came aboutby force or by trade? By differing  degrees of hard work and luck? Or by fraud and theft? Libertarianism's historical focus thus sets  the doctrine against both outcome-egalitarian views that hold that only equal  distributions are just, utilitarian views that hold that distributions are just  to the extent they maximize utility, and prioritarian views that hold that  distributions are just to the extent they benefit the worse-off. Justice in  distribution is a matter of respecting people's rights, not of achieving a  certain outcome.<\/p>\n<p>The  final distinctive element of Nozick's view is his acceptance of a modified  version of the Lockean proviso as part of his theory of justice in acquisition.  Nozick reads Locke's claim that legitimate acts of appropriation must leave  enough and as good for others as a claim that such appropriations must not  worsen the situation of others (Nozick 1974, 175, 178). On the face of it, this  seems like a small change from Locke's original statement, but Nozick believes it  allows for much greater freedom for free exchange and capitalism (Nozick  1974, 182). Nozick reaches this conclusion on the basis of certain empirical  beliefs about the beneficial effects of private property:<\/p>\n<p>it increases the social product by putting means of  production in the hands of those who can use them most efficiently (profitably);  experimentation is encouraged, because with separate persons controlling  resources, there is no one person or small group whom someone with a new idea  must convince to try it out; private property enables people to decide on the  pattern and type of risks they wish to bear, leading to specialized types of  risk bearing; private property protects future persons by leading some to hold  back resources from current consumption for future markets; it provides  alternative sources of employment for unpopular persons who don't have to  convince any one person or small group to hire them, and so on. (Nozick 1974, 177)<\/p>\n<p>If these  assumptions are correct, then persons might not be made worse off by acts of  original appropriation even if those acts fail to leave enough and as good for  others to appropriate. Private property and the capitalist markets to which it  gives rise generate an abundance of wealth, and latecomers to the appropriation  game (like people today) are in a much better  position as a result. As David Schmidtz puts the point:<\/p>\n<p>Original appropriation diminishes the stock of what can  be originally appropriated, at least  in the case of land, but that is not the same thing as diminishing the stock of  what can be owned. On the contrary,  in taking control of resources and thereby removing those particular resources  from the stock of goods that can be acquired by original appropriation, people  typically generate massive increases in the stock of goods that can be acquired  by trade. The lesson is that appropriation is typically not a zero-sum game. It  normally is a positive-sum game. (Schmidtz and Goodin 1998, 30)<\/p>\n<p>Relative  to their level of well-being in a world where  nothing is privately held, then, individuals are generally not made worse off  by acts of private appropriation. Thus, Nozick concludes, the Lockean proviso  will \"not provide a significant opportunity for future state action\" in the  form of redistribution or regulation of private property (Nozick 1974, 182).<\/p>\n<p>Nozick's  libertarian theory has been subject to criticism on a number of grounds. Here  we will focus on two primary categories of criticism of Lockean\/Nozickian  natural rights libertarianismnamely, with respect to the principle of self-ownership  and the derivation of private property rights from self-ownership.<\/p>\n<p>Criticisms  of the self-ownership principle generally take one of two forms. Some arguments  attempt to  sever the connection between the principle of self-ownership and the more  fundamental moral principles that are thought to justify it. Nozick's  suggestion that self-ownership is warranted by the Kantian principle that no  one should be treated as a mere means, for instance, is criticized by G.A.  Cohen on the grounds that policies that violate self-ownership by forcing the  well-off to support the less advantaged do not necessarily treat the well-off merely as means (Cohen 1995, 239241). We  can satisfy Kant's imperative against treating others as mere means without  thereby committing ourselves to full self-ownership, Cohen argues, and we have  good reason to do so insofar as the principle of self-ownership has other,  implausible, consequences. The same general pattern of  argument holds against more intuitive defenses of the self-ownership principle.  Nozick's concern (Nozick 1977, 206), elaborated by Cohen (Cohen 1995, 70), that  theories that deny self-ownership might license the forcible transfer of eyes  from the sight-endowed to the blind, for instance, or Murray Rothbard's claim  that the only alternatives to self-ownership are slavery or communism (Rothbard  1973, 29), have been met with the response that a denial of the permissibility of slavery, communism, and  eye-transplants can be madeand usually better madeon grounds other than self-ownership.<\/p>\n<p>Other  criticisms of self-ownership focus on the counterintuitive or otherwise  objectionable implications of self-ownership. Cohen, for instance, argues that  recognizing rights to full self-ownership allows individuals' lives to be  objectionably governed by brute luck in the distribution of natural assets,  since the self that people own is  largely a product of their luck in receiving a good or bad genetic endowment,  and being raised in a good or bad environment (Cohen 1995, 229). Richard  Arneson, on the other hand, has argued that self-ownership conflicts with  Pareto-Optimality (Arneson 1991). His concern is that since self-ownership is  construed by libertarians as an absolute right, it follows that it cannot be  violated even in small ways and even when great benefit would accrue from doing  so. Thus, to modify David Hume, absolute rights  of self-ownership seem to prevent us from scratching the finger of another even  to prevent the destruction of the whole world. And although the real objection  here seems to be to the absoluteness of  self-ownership rights, rather than to self-ownership rights as such, it remains  unclear whether strict libertarianism can be preserved if rights of  self-ownership are given a less than absolute status.<\/p>\n<p>Even if  individuals have absolute rights to full self-ownership, it can still be  questioned whether there is a legitimate way of moving from ownership of the self to ownership of external goods.<\/p>\n<p>Left-libertarians,  such as Hillel Steiner, Peter Vallentyne, and Michael Otsuka, grant the  self-ownership principle but deny that it can yield full private property  rights in external goods, especially land (Steiner 1994; Vallentyne 2000;  Otsuka 2003). Natural resources, such theorists hold, belong to everyone in  some equal way, and private appropriation of them amounts to theft. Rather than  returning all such goods to the state of nature, however, most  left-libertarians suggest that those who claim ownership of such resources be  subjected to a tax to compensate others for the loss of their rights of use. Since  the tax is on the value of the external resource and not on individuals'  natural talents or efforts, it is thought that this line of argument can  provide a justification for a kind of egalitarian redistribution that is  compatible with full individual self-ownership.<\/p>\n<p>While  left-libertarians doubt that self-ownership can yield full private property  rights in external goods, others are doubtful that the concept is determinate  enough to yield any theory of justified property ownership at all. Locke's  metaphor on labor mixing, for instance, is intuitively appealing, but  notoriously difficult to work out in detail (Waldron 1983). First, it is not  clear why mixing one's labor with something generates any rights at all. As Nozick  himself asks, \"why isn't mixing what I own with what I don't own a way of  losing what I own rather than a way of gaining what I don't?\" (Nozick 1974, 174175).  Second, it is not clear what the scope of the rights generated by labor-mixing  are. Again, Nozick playfully suggests (but does not answer) this question when  he asks whether a person who builds a fence around virgin land thereby comes to  own the enclosed land, or simply the fence, or just the land immediately under  it. But the point is more worrisome than Nozick acknowledges. For as critics such as Barbara Fried have pointed out,  following Hohfeld, property ownership is not a single right but a bundle of  rights, and it is far from clear which \"sticks\" from this bundle individuals  should come to control by virtue of their self-ownership (Fried 2004). Does one's ownership right over a plot of land entail the  right to store radioactive waste on it? To dam the river that runs through it? To  shine a very bright light from it in the middle of the night (Friedman 1989, 168)?  Problems such as these must, of course, be resolved by any political theorynot just  libertarians. The problem is that the concept of self-ownership seems to offer  little, if any, help in doing so.<\/p>\n<p>While  Nozickian libertarianism finds its inspiration in Locke and Kant, there is  another species of libertarianism that draws its influence from David Hume, Adam Smith,  and John Stuart Mill. This variety of  libertarianism holds its political principles to be grounded not in  self-ownership or the natural rights of humanity, but in the beneficial  consequences that libertarian rights and institutions produce, relative to  possible and realistic alternatives. To the extent that such theorists hold  that consequences, and only consequences, are relevant in the justification of  libertarianism, they can properly be labeled a form of consequentialism. Some of these consequentialist  forms of libertarianism are utilitarian. But consequentialism is not identical  to utilitarianism, and this section will explore both traditional quantitative  utilitarian defenses of libertarianism, and other forms more difficult to classify.<\/p>\n<p>Philosophically,  the approach that seeks to justify political institutions by demonstrating  their tendency to maximize utility has its clearest origins in the thought of Jeremy  Bentham, himself a legal reformer as well as moral theorist. But, while Bentham was no  advocate of unfettered laissez-faire,  his approach has been enormously influential among economists, especially the Austrian  and Chicago Schools of Economics, many of whom have utilized utilitarian analysis in  support of libertarian political conclusions. Some influential economists have  been self-consciously libertarianthe most notable of which being Ludwig von  Mises, Friedrich Hayek, James Buchanan, and Milton Friedman (the latter three are Nobel laureates). Richard Epstein, more legal  theorist than economist, nevertheless utilizes utilitarian argument  with an economic analysis of law to defend his version of classical liberalism.  His work in Principles for a Free Society (1998) and Skepticism and Freedom (2003)  is probably the most philosophical of contemporary utilitarian defenses of  libertarianism. Buchanan's work is generally described as contractarian, though it certainly draws heavily  on utilitarian analysis. It too is highly philosophical.<\/p>\n<p>Utilitarian  defenses of libertarianism generally consist of two prongs: utilitarian arguments in support of private property and free exchange and utilitarian  arguments against government policies  that exceed the bounds of the minimal state. Utilitarian defenses of private  property and free exchange are too diverse to thoroughly canvass in a single  article. For the purposes of this article, however, the  focus will be on two main arguments that have  been especially influential: the so-called \"Tragedy  of the Commons\" argument for private property and the \"Invisible Hand\" argument  for free exchange.<\/p>\n<p>The  Tragedy of the Commons argument notes that under certain conditions when property  is commonly owned or, equivalently, owned by no one, it will be inefficiently  used and quickly depleted. In his original description of the problem of the  commons, Garrett Hardin asks us to imagine a pasture open to all, on which  various herders graze their cattle (Hardin 1968).  Each additional animal that the herder is able  to graze means greater profit for the herder,  who captures that entire benefit for his or her self. Of course, additional  cattle on the pasture has a cost as well in terms of crowding and diminished  carrying capacity of the land, but importantly this cost of additional grazing,  unlike the benefit, is dispersed among all herders. Since each herder  thus receives the full benefit of each additional animal but bears only a  fraction of the dispersed cost, it benefits him or her to graze more and more  animals on the land. But since this same logic applies equally well to all herders,  we can expect them all to act this way, with the result that the carrying  capacity of the field will quickly be exceeded.<\/p>\n<p>The  tragedy of the Tragedy of the Commons is especially apparent if we model it as  a Prisoner's Dilemma, wherein each party has the option to graze additional  animals or not to graze. (See figure 1, below, where A and B represent two herders, \"graze\" and \"don't graze\" their possible  options, and the four possible outcomes of their joint  action. Within the boxes, the numbers  represent the utility each herder receives from  the outcome, with A's outcome listed on the left and B's on the right). As the  discussion above suggests, the best outcome for each individual herder is to graze an  additional animal, but for the other herder not  tohere the herder reaps all the benefit and  only a fraction of the cost. The worst outcome for each individual herder,  conversely, is to refrain from grazing an  additional animal while the other herder indulgesin this situation, the herder bears costs but receives no benefit. The relationship  between the other two possible outcomes is important. Both herders would be better off if neither grazed an  additional animal, compared to the outcome in which both do graze an additional  animal. The long-term benefits of operating within the carrying capacity of the  land, we can assume, outweigh the short-term gains to be had from mutual  overgrazing. By the logic of the Prisoner's Dilemma, however, rational  self-interested herders will not choose mutual  restraint over mutual exploitation of the resource. This is because, so long as the costs of over-grazing are partially externalized on to other users of the  resource, it is in each herder's interest to  overgraze regardless of what the other  party does. In the language of game theory, overgrazing dominates restraint. As a result, not  only is the resource consumed, but both parties are made worse off individually than they could have been. Mutual  overgrazing creates a situation that not only yields a lower total utility than  mutual restraint (2 vs. 6), but that is Pareto-inferior to mutual restraintat least one party (indeed, both!) would have been made better off by mutual restraint without anyone having been made worse off.<\/p>\n<p>B<\/p>\n<p>Don't Graze<\/p>\n<p>Graze<\/p>\n<p>A<\/p>\n<p>Don't Graze<\/p>\n<p>3, 3<\/p>\n<p>0, 5<\/p>\n<p>Graze<\/p>\n<p>5, 0<\/p>\n<p>1, 1<\/p>\n<p>Figure 1. The Tragedy of the Commons as Prisoner's Dilemma<\/p>\n<p>The  classic solution to the Tragedy of the Commons is private property. Recall that  the tragedy arises because individual herders do  not have to bear the full costs of their actions. Because the land is common to  all, the costs of overgrazing are partially externalized on to other users of  the resource. But private property changes this. If,  instead of being commonly owned by all, the field was instead divided into  smaller pieces of private property, then herders would have the power to exclude others from  using their own property. One would only be able  to graze cattle on one's own field, or on others' fields on terms specified by  their owners, and this means that the costs of that overgrazing (in terms of  diminished usability of the land or diminished resale value because of that  diminished usability) would be borne by the overgrazer alone. Private property  forces individuals to internalize the  cost of their actions, and this in turn provides individuals with an incentive  to use the resource wisely.<\/p>\n<p>The  lesson is that by creating and respecting private property rights in external  resources, governments can provide individuals with an incentive to use those  resources in an efficient way, without the need for complicated government  regulation and oversight of those resources. Libertarians have used this basic  insight to argue for everything from privatization of roads (Klein and Fielding  1992) to private property as a solution to various environmental problems (Anderson  and Leal 1991).<\/p>\n<p>Libertarians  believe that individuals and groups should be free to trade just about anything  they wish with whomever they wish, with little to no governmental restriction. They  therefore oppose laws that prohibit certain types of exchanges (such as prohibitions  on prostitution and sale of illegal  drugs, minimum wage laws that effectively  prohibit low-wage labor agreements, and so on) as well as laws that burden exchanges by  imposing high transaction costs (such as import tariffs).<\/p>\n<p>The  reason utilitarian libertarians support free exchange is that, they argue, it  tends to allocate resources into the hands of those who value them most, and in  so doing to increase the total amount of utility in society. The first step in seeing  this is to understand that even if trade is a zero-sum game in terms of the  objects that are traded (nothing is created or destroyed, just moved about), it  is a positive-sum game in terms of utility. This is because individuals differ in  terms of the subjective utility they assign to goods. A person planning to move  from Chicago to San Diego might assign a relatively low  utility value to her large, heavy furniture. It's difficult and costly to move,  and might not match the style of the new home anyway. But to someone else who  has just moved into an empty apartment in Chicago, that furniture might have a  very high utility value indeed. If the first person values the furniture at  $200 (or its equivalent in terms of utility) and the second person values it at  $500, both will gain if they exchange  for a price anywhere between those two values. Each will have given up  something they value less in exchange for something they value more, and net  utility will have increased as a result.<\/p>\n<p>As  Friedrich Hayek has noted, much of the information about the relative utility values  assigned to different goods is transmitted to different actors in the market  via the price system (Hayek 1980). An increase in a resource's price  signals that demand for that resource has increased relative to supply. Consumers  can respond to this price increase by continuing to use the resource at the  now-higher price, switching to a substitute good, or discontinuing use of that  sort of resource altogether. Each individual's decision is both affected by the  price of the relevant resources, and affects the price insofar as it adds to or  subtracts from aggregate supply and demand. Thus, though they generally do not  know it, each person's decision is a response to the decisions of millions of  other consumers and producers of the resource, each of whom bases her decision  on her own specialized, local knowledge about that resource. And although all  they are trying to do is maximize their own utility, each individual will be  led to act in a way that leads the resource toward its highest-valued use. Those  who derive the most utility from the good will outbid others for its use, and  others will be led to look for cheaper substitutes.<\/p>\n<p>On this account, one  deeply influenced by the Austrian School of Economics, the market is a constantly  churning process of competition, discovery, and innovation. Market prices  represent aggregates of information and so generally represent an advance over  what any one individual could hope to know on his own, but the individual  decisions out of which market prices arise are themselves based on imperfect  information. There are always opportunities that nobody has discovered, and the  passage of time, the changing of people's preferences, and the development of  new technological possibilities ensures that this ignorance will never be fully  overcome. The market is thus never in a state of competitive equilibrium, and  it will always \"fail\" by the test of perfect efficiency. But it is precisely  today's market failures that provide the opportunities for tomorrow's  entrepreneurs to profit by new innovation (Kirzner 1996). Competition is a  process, not a goal to be reached, and it is a process driven by the particular  decisions of individuals who are mostly unaware of the overall and long-term tendencies of their decisions taken as a whole. Even  if no market actor cares about increasing the aggregate level of utility in  society, he will be, as Adam Smith wrote, \"led by an invisible hand to promote  an end which was no part of his intention\" (Smith 1981). The dispersed  knowledge of millions of market actors will be taken into account in producing  a distribution that comes as close as practically possible to that which would  be selected by a benign, omniscient, and omnipotent despot. In reality,  however, all that government is required to do in order to achieve this effect  is to define and enforce clear property rights and to allow the price system to  freely adjust in response to changing conditions.<\/p>\n<p>The  above two arguments, if successful, demonstrate that free markets and private  property generate good utilitarian outcomes. But even if this is true, it remains  possible that selective government intervention in the economy could produce  outcomes that are even better. Governments  might use taxation and coercion for the provision of public goods, or to  prevent other  sorts of market failures like monopolies. Or  governments might engage in redistributive taxation on the grounds that given  the diminishing marginal utility of wealth, doing so will provide higher levels  of overall utility. In order to maintain their opposition to government  intervention, then, libertarians must produce arguments to show that such  policies will not produce greater utility than a policy of laissez-faire. Producing such arguments is something of a cottage  industry among libertarian economists, and so we cannot hope to provide a  complete summary here. Two main categories of argument, however, have been  especially influential. We can call them incentive-based arguments and public choice arguments.<\/p>\n<p>Incentive  arguments proceed by claiming that government policies designed to promote  utility actually produce incentives for individuals to act in ways that run  contrary to promotion of utility. Examples of incentive arguments include arguments  that (a) government-provided (welfare) benefits dissuade individuals from taking  responsibility for their own economic well-being (Murray 1984), (b) mandatory minimum wage laws generate  unemployment among low-skilled workers (Friedman 1962, 180181), (c) legal  prohibition of drugs create a black market with inflated prices, low quality  control, and violence (Thornton 1991), and (d) higher taxes lead people to work  and\/or invest less,  and hence lead to lower economic growth.<\/p>\n<p>Public  choice arguments, on the other hand, are often employed by libertarians to  undermine the assumption that government will use its powers to promote the  public interest in the way its proponents claim it will. Public choice as a  field is based on the assumption that the model of rational self-interest  typically employed by economists to predict the behavior of market agents can  also be used to predict the behavior of government agents. Rather than trying  to maximize profit, however, government agents are thought to be aiming at  re-election (in the case of elected officials) or maintenance or expansion of  budget and influence (in the case of bureaucrats). From this basic analytical  model, public choice theorists have argued that (a) the fact that the costs of  many policies are widely dispersed among taxpayers, while their benefits are  often concentrated in the hands of a few beneficiaries, means that even grossly  inefficient policies will be enacted and, once enacted, very difficult to  remove, (b) politicians and bureaucrats will engage in \"rent-seeking\" behavior  by exploiting the powers of their office for personal gain rather than public  good, and (c) certain public goods will be over-supplied by political  processes, while others will be under-supplied, since government agents lack  both knowledge and incentives necessary to provide such goods at efficient  levels (Mitchell and Simmons 1994). These problems are held to be  endemic to political processes, and not easily subject to legislative or  constitutional correction. Hence, many conclude that the only way to minimize  the problems of political power is to minimize the scope of political power  itself by subjecting as few areas of life as possible to political regulation.<\/p>\n<p>The  quantitative utilitarians are often both rationalist and radical in their  approach to social reform. For them, the maximization of utility serves as an  axiomatic first principle, from which policy conclusions can be  straightforwardly deduced once empirical (or quasi-empirical) assessments of  causal relationships in the world have been made. From Jeremy Bentham to Peter  Singer, quantitative utilitarians have advocated dramatic changes in social  institutions, all justified in the name of reason and the morality it gives  rise to.<\/p>\n<p>There  is, however, another strain of consequentialism that is less confident in the  ability of human reason to radically reform social institutions for the better.  For these consequentialists, social institutions are the product of an  evolutionary process that itself is the product of the decisions of millions of  discrete individuals. Each of these individuals in turn possess knowledge that,  though by itself is insignificant, in the aggregate represents more than any  single social reformer could ever hope to match. Humility, not radicalism, is  counseled by this variety of consequentialism.<\/p>\n<p>Though  it has its affinities with conservative doctrines such as those of Edmund  Burke, Michael Oakeshott, and Russell Kirk, this strain of consequentialism had  its greatest influence on libertarianism through the work of Friedrich Hayek. Hayek,  however, takes pains to distance himself from conservative ideology, noting  that his respect for tradition is not grounded in a fetish for the status quo  or an opposition to change as such, but in deeper, distinctively liberal  principles (Hayek 1960). For Hayek, tradition is valuable because, and only to  the extent that, it evolves in a peaceful, decentralized way. Social norms that  are chosen by free individuals and survive competition from competing norms  without being maintained by coercion are, for that reason, worthy of respect  even if we are not consciously aware of all the reasons that the institution  has survived. Somewhat paradoxically then, Hayek believes that we can  rationally support institutions even when we lack substantive justifying  reasons for supporting them. The reason this can be rational is that even when  we lack substantive justifying reasons, we nevertheless have justifying reasons  in a procedural sensethe fact that  the institution is the result of an evolutionary procedure of a certain sort  gives us reason to believe that there are substantive justifying reasons for it, even if we do not know what they are  (Gaus 2006).<\/p>\n<p>For  Hayek, the procedures that lend justifying force to institutions are, essentially,  ones that leave individuals free to act as they wish so long as they do not act  aggressively toward others. For Hayek, however, this principle is not a moral  axiom but rather follows from his beliefs regarding the limits and uses of  knowledge in society. A crucial piece of Hayek's arguments regarding the price  system, (see above) is his claim that each individual  possesses a unique set of knowledge about his or her local circumstances,  special interests, desires, abilities, and so forth. The price system, if  allowed to function freely without artificial floors or ceilings, will reflect  this knowledge and transmit it to other interested individuals, thus allowing  society to make effective use of dispersed knowledge. But Hayek's defense of  the price system is only one application of a more general point. The fact that  knowledge of all sorts exists in dispersed form among many individuals is a  fundamental fact about human existence. And since this knowledge is constantly  changing in response to changing circumstances and cannot therefore be  collected and acted upon by any central authority, the only way to make use of  this knowledge effectively is to allow individuals the freedom to act on it  themselves. This means that government must disallow individuals from coercing  one another, and also must refrain from coercing them themselves. The social  order that such voluntary actions produce is one that, given the complexity of  social and economic systems and radical limitations on our ability to acquire  knowledge about its particular details (Gaus 2007), cannot be imposed by fiat,  but must evolve spontaneously in a bottom-up manner. Hayek, like Mill before  him (Mill 1989), thus celebrates the fact that a free society allows  individuals to engage in \"experiments in living\" and therefore, as Nozick  argued in the neglected third part of his Anarchy,  State, and Utopia, can serve as a \"utopia of utopias\" where individuals are  at liberty to organize their own conception of the good life with others who  voluntarily choose to share their vision (Hayek 1960).<\/p>\n<p>Hayek's  ideas about the relationship between knowledge, freedom,  and a constitutional order were first developed at length in The Constitution of Liberty, later  developed in his series Law, Legislation  and Liberty, and given their last, and most accessible (though not  necessarily most reliable (Caldwell 2005)) statement in The Fatal Conceit: The Errors of Socialism (1988). Since then, the  most extensive integration of these ideas into a libertarian framework is in Randy Barnett's The Structure of Liberty, wherein Barnett argues that a \"polycentric  constitutional order\" (see below regarding anarcho-capitalism) is best suited  to solve not only the Hayekian problem of the use of knowledge in society, but  also what he calls the problems of \"interest\" and \"power\" (Barnett 1998). More  recently, Hayekian insights have been put to use by contemporary philosophers  Chandran Kukathas (1989; 2006) and Gerald Gaus (2006; 2007).<\/p>\n<p>Consequentialist  defenses of libertarianism are, of course, varieties of consequentialist moral  argument, and are susceptible therefore to the same kinds of criticisms leveled  against consequentialist moral arguments in general. Beyond these standard criticisms, moreover, consequentialist  defenses of libertarianism are subject to four special difficulties.<\/p>\n<p>First,  consequentialist arguments seem unlikely to lead one to full-fledged  libertarianism, as opposed to more moderate forms of classical liberalism. Intuitively,  it seems implausible that simple protection of individual  negative liberties would do a better job than any alternative institutional arrangement at maximizing utility or  peace and prosperity or whatever. And this intuitive doubt is buttressed by  economic analyses showing that unregulated capitalist markets suffer from production  of negative externalities, from monopoly power, and from undersupply of certain  public goods, all of which cry out for some form of government protection (Buchanan  1985). Even granting libertarian claims that (a) these problems are vastly  overstated, (b) often caused by previous failures of government to adequately  respect or enforce private property rights, and (c) government ability to  correct these is not as great as one might think, it's nevertheless implausible  to suppose, a  priori, that it will never be the case that government can do a better  job than the market by interfering with strict libertarian rights.<\/p>\n<p>Second, consequentialist defenses of libertarianism are subject to  objections when a great deal of benefit can be had at a very low cost. So-called cases of \"easy rescue,\" for instance,  challenge the wisdom of adhering to absolute prohibitions on coercive conduct. After  all, if the majority of the world's population lives in dire poverty and suffer  from easily preventable diseases and deaths, couldn't utility be increased by  increasing taxes slightly on wealthy Americans and using that surplus to  provide basic medical aid to those in desperate need? The prevalence of such  cases is an empirical question, but their possibility points (at least) to a \"fragility\"  in the consequentialist case for libertarian prohibitions on redistributive  taxation.<\/p>\n<p>Third,  the consequentialist theories at the root of these libertarian arguments are  often seriously under-theorized. For instance, Randy Barnett bases his defense  of libertarian natural rights on the claim that they promote the end of  \"happiness, peace and prosperity\" (Barnett 1998). But this leaves a host of  difficult questions unaddressed. The meaning of each of these terms, for  instance, has been subject to intense philosophical debate. Which sense of  happiness, then, does libertarianism promote? What happens when these ends  conflictwhen we have to choose, say, between peace and prosperity? And in  what sense do libertarian rights \"promote\" these ends? Are they supposed to  maximize happiness in the aggregate? Or to maximize each person's happiness? Or to maximize the weighted sum of  happiness, peace, and  prosperity? Richard Epstein is on more familiar and hence, perhaps, firmer  ground when he says that his version of classical liberalism is meant to  maximize utility, but even here the claim that utility maximization is the  proper end of political action is asserted without argument. The lesson is that  while consequentialist political arguments might seem less abstract and philosophical (in the pejorative sense) than  deontological arguments, consequentialism is still, nevertheless, a moral  theory, and needs to be clearly articulated and defended as any other moral  theory. Possibly because consequentialist defenses of libertarianism have been  put forward mainly  by non-philosophers, this  challenge has yet to be met.<\/p>\n<p>A fourth and related  point has to do with issues surrounding the distribution of wealth, happiness,  opportunities, and other goods allegedly promoted by libertarian rights. In  part, this is a worry common to all maximizing versions of consequentialism,  but it is of special relevance in this context given the close relation between economic  systems and distributional issues. The worry is that morality, or justice,  requires more than simply producing an abundance of wealth, happiness, or whatever. It requires that each person gets a fair  sharewhether that is defined as an equal  share, a share sufficient for living a good life, or something else. Intuitively  fair distributions are simply not something that libertarian institutions can  guarantee, devoid as they are of any means for redistributing these goods from  the well-off to the less well-off. Furthermore, once it is granted that  libertarianism is likely to produce unequal distributions of wealth, the  Hayekian argument for relying on the free price system to allocate goods no  longer holds as strongly as it appeared to. For we cannot simply assume that a  free price system will lead to goods being allocated to their most valued use  if some people have an abundance of wealth and others very little at all. A  free market of self-interested persons will not distribute bread to the  starving man, no matter how much utility he would derive from it, if he cannot  pay for it. And a wealthy person, such as Bill  Gates, will still always  be able to outbid a poor person for season  tickets to the Mariners, even if the poor person values  the tickets much more highly than he, since the  marginal value of the dollars he spends on the tickets  is much lower to him than the marginal value of the poor person's dollars. Both by an external  standard of fairness and by an internal standard of utility-maximization, then,  unregulated free markets seem to fall short.<\/p>\n<p>Anarcho-capitalists  claim that no state is morally  justified (hence their anarchism), and that the traditional functions of the  state ought to be provided by voluntary production and trade instead (hence  their capitalism). This position poses a serious challenge to both moderate  classical liberals and more radical minimal state libertarians, though, as we shall see, the stability of the latter  position is especially threatened by the anarchist challenge.<\/p>\n<p>Anarcho-capitalism  can be defended on either consequentialist or deontological grounds, though  usually a mix of both arguments is proffered. On the consequentialist side, it  is argued that police protection, court systems, and even law itself can be  provided voluntarily for a price like any other market good (Friedman 1989;  Rothbard 1978; Barnett 1998; Hasnas 2003; Hasnas 2007). And not only is it  possible for markets to provide these traditionally state-supplied goods, it is  actually more desirable for them to do so given that competitive pressures in  this market, as in others, will produce an array of goods that is of higher  general quality and that is diverse enough to satisfy individuals' differing  preferences (Friedman 1989; Barnett 1998). Deontologically, anarcho-capitalists  argue that the minimal state necessarily violates individual rights insofar as  it (1) claims a monopoly on the legitimate use of force and thereby prohibits  other individuals from exercising force in accordance with their natural  rights, and (2) funds its protective services with coercively obtained tax  revenue that it sometimes (3) uses redistributively to pay for protection for  those who are unable to pay for themselves (Rothbard 1978; Childs 1994).<\/p>\n<p>Robert  Nozick was one of the first academic philosophers to take the anarchist  challenge seriously. In the first part of his Anarchy, State, and Utopia he argued that the minimal state can evolve out of an anarcho-capitalist  society through an invisible hand process that does not violate anyone's  rights. Competitive pressures and violent conflict, he argued, will provide  incentives for competing defensive agencies to  merge or collude so that, effectively, monopolies will emerge over certain  geographical areas (Nozick 1974). Since these monopolies are merely de facto, however, the dominant  protection agency does not yet constitute a state. For that to occur, the \"dominant  protection agency\" must claim that it would be morally illegitimate for other  protection agencies to operate, and make some reasonably effective attempt to prohibit  them from doing so. Nozick's argument that it would be legitimate for the  dominant protection agency to do so is one of the most controversial aspects of  his argument. Essentially, he argues that individuals have rights not to be  subject to the risk of  rights-violation, and that the dominant protection agency may legitimately prohibit  the protective activities of its competitors on grounds that their procedures  involve the imposition of risk. In claiming and enforcing this monopoly, the dominant  protection agency becomes what Nozick calls the \"ultraminimal state\"ultraminimal because it does not provide protective services for all persons within its geographical  territory, but only those who pay for them. The transition from the ultraminimal  state to the minimal one occurs when the dominant protection agency (now state)  provides protective services to all individuals within its territory, and  Nozick argues that the state is morally  obligated to do this in order to  provide compensation to the individuals who have been disadvantaged by its  seizure of monopoly power.<\/p>\n<p>Nozick's  arguments against the anarchist have been challenged on a number of grounds. First,  the justification for the state it provides is entirely hypotheticalthe most  he attempts to claim is that a state could arise legitimately from the state of nature, not that any actual state has (Rothbard  1977). But if hypotheticals were all that mattered, then an equally compelling  story could be told of how the minimal state could devolve back into merely one competitive agency among  others by a process that violates no one's rights (Childs 1977), thus leaving  us at a justificatory stalemate. Second, it is questionable whether prohibiting  activities that run the risk of  violating rights, but do not actually violate any, is compatible with  fundamental liberal principles (Rothbard 1977). Finally, even if the general  principle of prohibition with compensation is legitimate, it is nevertheless  doubtful that the proper way to compensate the anarchist who has been harmed by  the state's claim of monopoly is to provide him with precisely what he does not  wantstate police and military services (Childs 1977).<\/p>\n<p>Until  decisively rebutted, then, the anarchist position remains a serious challenge  for libertarians, especially of the minimal state variety. This is true  regardless of whether their libertarianism is defended on consequentialist or  natural rights grounds. For the consequentialist libertarian, the challenge is  to explain why law and protective services are the only goods that require state provision in order to maximize  utility (or whatever the maximandum may be). If,  for instance, the consequentialist justification for the state provision of law  is that law is a public good, then the question is: Why  should other public goods not also be provided? The claim that only police, courts, and  military fit the bill appears to be more an a priori article of faith than a consequence of empirical analysis. This  consideration might explain why so many consequentialist libertarians are in  fact classical liberals who are willing to grant legitimacy to a larger than  minimal state (Friedman 1962; Hayek 1960; Epstein 2003). For  deontological libertarians, on the other hand, the challenge is to show why the  state is justified in (a) prohibiting individuals from exercising or purchasing  protective activities on their own and (b) financing protective services  through coercive and redistributive taxation. If this sort of prohibition, and this sort of coercion and redistribution is justified, why not others? Once the  bright line of non-aggression has been crossed, it is difficult to find a  compelling substitute.<\/p>\n<p>This is  not to say that anarcho-capitalists do not face challenges of their own. First,  many have pointed out that there is a paucity of empirical evidence to support  the claim that anarcho-capitalism could function in a modern post-industrial  society. Pointing to quasi-examples from Medieval Iceland (Friedman 1979) does little to alleviate this concern (Epstein 2003). Second, even  if a plausible case could be made for the market provision of law and private  defense, the market provision of national defense, which fits the characteristics of a public good almost perfectly,  remains a far more difficult challenge (Friedman 1989). Finally, when it comes  to rights and anarchy, one philosopher's modus ponens is another's modus  tollens. If respect for robust rights of self-ownership and property in  external goods, as libertarians understand them, entail anarcho-capitalism, why  not then reject these rights rather than embrace anarcho-capitalism? Rothbard,  Nozick and other natural rights libertarians are notoriously lacking in  foundational arguments to support their strong belief in these rights. In the  absence of strong countervailing reasons to accept these rights and the  libertarian interpretation of them, the fact that they lead to what might seem  to be absurd conclusions could be a decisive reason to reject them.<\/p>\n<p>This  entry has focused on the main approaches to libertarianism popular among  academic philosophers. But it has not been exhaustive. There are other  philosophical defenses of libertarianism that space prevents exploring in detail,  but deserve mention nevertheless. These  include defenses of libertarianism that proceed  from teleological and contractual considerations.<\/p>\n<p>One increasingly  influential approach takes as its normative foundation a virtue-centered ethical theory. Such theories hold  that libertarian political institutions are justified in the way they allow  individuals to develop as virtuous agents. Ayn Rand was perhaps the earliest modern proponent of such theory, and while her  writings were largely ignored by academics, the core idea has since been picked  up and developed with greater sophistication by philosophers like Tara Smith,  Douglas Rasmussen, and Douglas Den Uyl (Rasmussen and Den Uyl 1991; 2005).<\/p>\n<p>Teleological  versions of libertarianism are in some significant respects similar to  consequentialist versions, insofar as they hold that political institutions are  to be judged in light of their tendency to yield a certain sort of outcome. But the consequentialism at work here  is markedly different from the aggregative and impartial consequentialism of  act-utilitarianism. Political institutions are to be judged based on the extent  to which they allow individuals to flourish, but flourishing is a value that is  agent-relative (and not agent-neutral as is happiness for the utilitarian), and  also one that can only be achieved by the self-directed activity of each  individual agent (and not something that can be distributed among individuals  by the state). It is thus not the job of political institutions to promote flourishing by means of activist  policies, but merely to make room for it by  enforcing the core set of libertarian rights.<\/p>\n<p>These  claims lead to challenges for the teleological libertarian, however. If human  flourishing is good, it must be so in an agent-neutral or in an agent-relative  sense. If it is good in an agent-neutral sense, then it is unclear why we do  not share positive duties to promote the flourishing of others, alongside  merely negative duties to refrain from hindering their pursuit of their own  flourishing.<\/p>\n<p>Teleological  libertarians generally argue that flourishing is something that cannot be  provided for one by others since it is essentially a matter of exercising one's  own practical reason in the pursuit of a good life. But surely others can  provide for us some of the means for  our exercise of practical reasonfrom basics such as food and shelter to more  complex goods such as education and perhaps even the social bases of  self-respect. If, on the other hand, human flourishing is a good in merely an  agent-relative sense, then it is unclear why others' flourishing imposes any  duties on us at allpositive or negative. If duties to respect the negative  rights of others are not grounded in the agent-neutral value of others' flourishing,  then presumably they must be grounded in our own flourishing, but (a) making the wrongness of harming others  depend on its negative effect on us seems  to make that wrongness too contingent on situational factssurely there are some cases in which violating the rights  of others can benefit us, even in the long-term     holistic sense required by eudaimonistic accounts. And (b) the fact that  wronging others will hurt us seems to  be the wrong kind of explanation for why rights-violating acts are wrong. It  seems to get matters backwards: rights-violating actions are wrong because of  their effects on the person whose rights are violated, not because they detract  from the rights-violator's virtue.<\/p>\n<p>Another moral  framework that has become increasingly popular among philosophers since Rawls's Theory of Justice (1971) is contractarianism. As a moral theory,  contractarianism is the idea that moral  principles are justified if and only if they are the product of a certain kind  of agreement among persons. Among libertarians, this idea has been developed by  Jan Narveson in his book, The Libertarian  Idea (1988), which attempts to show that rational individuals would agree  to a government that took individual negative liberty as the only relevant  consideration in setting policy. And, while not  self-described as a contractarian, Loren Lomasky's work in Persons, Rights, and the Moral Community (1987) has many affinities  with this approach, as it attempts to defend libertarianism as a kind of policy  of mutual-advantage between persons.<\/p>\n<p>Most of  the libertarian theories we have surveyed in this article have a common  structure: foundational philosophical commitments are set out, theories are  built upon them, and practical conclusions are derived from those theories. This  approach has the advantage of thoroughnessone's ultimate political conclusions  are undergirded by a weighty philosophical system to which any challengers can  be directed. The downside of this approach is that anyone who disagrees with one's  philosophic foundations will not be much persuaded by one's conclusions drawn  from themand philosophers are not generally known for their widespread  agreement on foundational issues.<\/p>\n<p>As a  result, much of the most interesting work in contemporary libertarian theory  skips systematic theory-building altogether, and heads straight to the analysis  of concrete problems. Often this analysis proceeds by accepting some set of  values as givenoften the values embraced by those who are not sympathetic to  libertarianism as a political theoryand showing that libertarian political  institutions will better realize those values than competing institutional  frameworks. Daniel Shapiro's recent work on welfare states (Shapiro 2007), for instance, is a good example of this trend, in arguing  that contemporary welfare states are unjustifiable from a variety of popular  theoretical approaches. Loren Lomasky (2005) has written a humorous but important  piece arguing that Rawls's foundational  principles are better suited to defending Nozickian libertarianism than even  Nozick's foundational principles are. And David Schmidtz (Schmidtz and Goodin  1998) has argued that market institutions are supported on grounds of  individual responsibility that any moral framework ought to take seriously. While  such approaches lack the theoretical completeness that philosophers naturally  crave, they nevertheless have the virtue of addressing crucially important  social issues in a way that dispenses with the need for complete agreement on  comprehensive moral theories.<\/p>\n<p>A  theoretical justification of this approach can be found in John Rawls's notion  of an overlapping consensus, as developed in his work Political Liberalism (1993). Rawls's  idea is that decisions about which political institutions and principles to  adopt ought to be based on those aspects of  morality on which all reasonable theories converge,  rather than any one particular foundational  moral theory, because there is reasonable and  apparently intractable disagreement about foundational moral issues. Extending this overlapping  consensus approach to libertarianism, then, entails viewing  libertarianism as a political theory that is compatible with a variety of foundational  metaphysical, epistemological, and ethical views. Individuals need not settle their reasonable  disagreements regarding moral issues in order to agree upon a framework for  political association; and libertarianism, with  its robust toleration of individual differences, seems well-suited to serve as  the principle for such a framework (Barnett 2004).<\/p>\n<p>Matt ZwolinskiEmail: <a href=\"mailto:mzwolinski@sandiego.eduUniversity\">mzwolinski@sandiego.eduUniversity<\/a> of San DiegoU. S. A.<\/p>\n<p><!-- Auto Generated --><\/p>\n<p>Here is the original post: <\/p>\n<p><a target=\"_blank\" href=\"http:\/\/www.iep.utm.edu\/libertar\/\" title=\"Libertarianism | Internet Encyclopedia of Philosophy\">Libertarianism | Internet Encyclopedia of Philosophy<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p> What it means to be a \"libertarian\" in a political sense is a contentious issue, especially among libertarians themselves. There is no single theory that can be safely identified as the libertarian theory, and probably no single principle or set of principles on which all libertarians can agree <a href=\"https:\/\/www.euvolution.com\/futurist-transhuman-news-blog\/libertarianism\/libertarianism-internet-encyclopedia-of-philosophy-27.php\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"limit_modified_date":"","last_modified_date":"","_lmt_disableupdate":"","_lmt_disable":"","footnotes":""},"categories":[27],"tags":[],"class_list":["post-291372","post","type-post","status-publish","format-standard","hentry","category-libertarianism"],"modified_by":null,"_links":{"self":[{"href":"https:\/\/www.euvolution.com\/futurist-transhuman-news-blog\/wp-json\/wp\/v2\/posts\/291372"}],"collection":[{"href":"https:\/\/www.euvolution.com\/futurist-transhuman-news-blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.euvolution.com\/futurist-transhuman-news-blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.euvolution.com\/futurist-transhuman-news-blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.euvolution.com\/futurist-transhuman-news-blog\/wp-json\/wp\/v2\/comments?post=291372"}],"version-history":[{"count":0,"href":"https:\/\/www.euvolution.com\/futurist-transhuman-news-blog\/wp-json\/wp\/v2\/posts\/291372\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.euvolution.com\/futurist-transhuman-news-blog\/wp-json\/wp\/v2\/media?parent=291372"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.euvolution.com\/futurist-transhuman-news-blog\/wp-json\/wp\/v2\/categories?post=291372"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.euvolution.com\/futurist-transhuman-news-blog\/wp-json\/wp\/v2\/tags?post=291372"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}