scholarly journals Must Right-Libertarians Embrace Easements by Necessity?

Diametros ◽  
2019 ◽  
pp. 34-51
Author(s):  
Łukasz Dominiak
Keyword(s):  
Property Rights ◽  
Libertarian Theory

The present paper investigates the question of whether right-libertarians must accept easements by necessity. Since easements by necessity limit the property rights of the owner of the servient tenement, they apparently conflict with the libertarian homestead principle, according to which the person who first mixes his labor with the unowned land acquires absolute ownership thereof. As we demonstrate in the paper, however, the homestead principle understood in such an absolutist way generates contradictions within the set of rights distributed on its basis. In order to avoid such contradictions, easements by necessity must be incorporated into the libertarian theory of property rights and the homestead principle must be truncated accordingly.

scholarly journals PRIVATE PROPERTY RIGHTS AND THE DECEASED

MEST Journal ◽  
2021 ◽  
Vol 9 (1) ◽  
pp. 15-27
Author(s):  
Cole Green ◽  
Alejandro Hernandez
Keyword(s):  
Property Rights ◽  
Private Property ◽  
Legal Theory ◽  
Private Property Rights ◽  
The Future ◽  
The Status ◽  
The Will ◽  
Libertarian Theory ◽  
Deceased People ◽  
Minimal Research

While the libertarian theory of property rights has been thoroughly studied, there has been minimal research done in regard to a deceased person’s ability to dictate the future of the property he owned in life. In this paper, we attempt to develop a theory of the property rights of deceased people consistent with libertarian principles. We analyze the legitimacy of contracts between two individuals after one individual dies, ownership of the cadaver, the deceased’s right to decide which actions are permissible to perform on the said cadaver, and the status of the deceased property when a will both has and has not been written. While there has been no explicit commentary made regarding these topics, outside from the will, the authors extrapolated current libertarian theories on property rights and applied them accordingly. While the authors of the paper ultimately do not reach a consensus agreement on some of the issues discussed in the paper, this exploratory work on the property rights of the deceased is intended to open further discussion and research on the matter to further contribute to the formulation of a concise libertarian legal theory.

NON-ABSOLUTE RIGHTS AND LIBERTARIAN TAXATION

2006 ◽  
Vol 23 (2) ◽  
pp. 109-141 ◽  
Author(s):  
Eric Mack
Keyword(s):  
Property Rights ◽  
Individual Rights ◽  
Libertarian Theory

Rights-oriented libertarian theory asserts the existence of robust individual rights - including robust rights of property. If these property rights are absolute, then it seems that all taxation is theft. However, it also seems that, if an individual is (faultlessly) in dire straits, it is permissible for him to seize or trespass in order to escape from those straits. It does seem that in this sense property rights are non-absolute. This essay examines what contribution this non-absoluteness of rights makes to the justification of taxation for the sake of rescuing individuals from their dire straits. The essay investigates how dire an individual's circumstances have to be for him to have a dispensation from the normal obligation to respect property. It distinguishes among different dispensations that individuals in dire enough circumstances may have. And it emphasizes how precarious is the path from the premise that sometimes individuals possess one or another of these dispensations to the conclusion that taxation to rescue people from dire straits is justified.

scholarly journals Nulla Libertarian Poena Sine NAP: Reexamination of Libertarian Theories of Punishment

Studia Humana ◽  
2020 ◽  
Vol 9 (2) ◽  
pp. 83-89
Author(s):  
Eduardo Blasco ◽  
David Marcos
Keyword(s):  
Property Rights ◽  
Time Preference ◽  
Theories Of Punishment ◽  
Libertarian Theory ◽  
The Law

AbstractLibertarianism deals with what the law should be. In this article, we focus on what the appropriate law to punish criminals should be in a libertarian society; that is, one that respects the Non-Aggression Principle and property rights. We examine various theories of punishment and explain why some are incompatible with libertarianism. We contribute to the latest libertarian theory of punishment suggesting the necessity to take time preference into consideration. We conclude stating a limit and a limitation to libertarian punishment theories.

Is Nozick a Libertarian?

2020 ◽  
pp. 129-148
Author(s):  
Barbara H. Fried
Keyword(s):  
Property Rights ◽  
Legal Regimes ◽  
Libertarian Theory ◽  
Inconsistent Theories

Nozick’s libertarian theory of property rights, laid out in Part II of Anarchy, State and Utopia, has been subject to innumerable internalist and external critiques. But the book read as a whole poses a deeper puzzle. Parts I, II, and III present at least three mutually inconsistent theories of property rights: utilitarian; libertarian; and anything goes, provided that citizens have some unspecified level of choice among legal regimes. If any of the three predominates, it is not libertarianism but utilitarianism. Nozick is hardly alone in this regard. Nozick’s inconstancy to libertarian principles is typical of the problems deontologists of all stripes encounter in translating vague, abstract rights into concrete rules. His de facto solution is typical as well: when the going gets tough, rights theorists usually turn utilitarian.

scholarly journals Reconciling the Irreconcilable: A Property Rights Approach to Resolving the Animal Rights Debate

Studia Humana ◽  
2021 ◽  
Vol 10 (4) ◽  
pp. 36-65
Author(s):  
Anthony J. Cesario
Keyword(s):  
Property Rights ◽  
Animal Rights ◽  
Private Property ◽  
Legal Philosophy ◽  
Private Property Rights ◽  
Deontological Theory ◽  
Libertarian Theory ◽  
Theory Of Law

Abstract Libertarianism is understood to be a “deontological theory of law” that purportedly applies exclusively to humans. According to some libertarians, however, “one of the greatest weaknesses of libertarian theory” is that there are no provisions outlawing the abuse and torture of animals even though this seems to be one of “the most heinous acts it is possible to do”. Moreover, a few of these libertarians go even further and claim that this legal philosophy of non-aggression should actually be extended to include other animals. The purpose of this paper is to reconcile this seemingly irreconcilable situation by arguing that it is a “continuum problem” and offering a principled, libertarian compromise that resolves the animal rights debate using the non-aggression principle (NAP) and private property rights.

The Origins and Consequences of Property Rights

2020 ◽  
Author(s):  
Colin Harris ◽  
Meina Cai ◽  
Ilia Murtazashvili ◽  
Jennifer Murtazashvili
Keyword(s):  
Property Rights
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