{"title":"Libertarianism, Defense of Property, and Absolute Rights","authors":"Łukasz M. Dominiak, I. Wysocki","doi":"10.18276/aie.2023.61-01","DOIUrl":null,"url":null,"abstract":"The present paper argues that libertarians (e.g. Murray Rothbard, Stephan Kinsella) who subscribe the proportionality principle while embracing the view that to have a right to property is to have a right to defend it run into what we call the Property Defense Dilemma. For if the only way to defend property is to defend it disproportionately, then a private property right – contrary to what these thinkers claim – is not accompanied by a right to defend it. The most plausible way out of the dilemma – the present paper argues – is to conceive of private property rights as only weakly absolute, to use Matthew H. Kramer’s illuminating distinction. On the other hand, libertarians who as Walter Block would like to escape the dilemma by replacing the proportionality standard with the gentleness principle run into other sorts of problems (moral implausibility, incoherence) which also shows that it is the libertarian view on rights as infinitely stringent side constraints that calls for revision and attenuation.","PeriodicalId":37710,"journal":{"name":"Analiza i Egzystencja","volume":null,"pages":null},"PeriodicalIF":0.0000,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Analiza i Egzystencja","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.18276/aie.2023.61-01","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"Arts and Humanities","Score":null,"Total":0}
引用次数: 0
Abstract
The present paper argues that libertarians (e.g. Murray Rothbard, Stephan Kinsella) who subscribe the proportionality principle while embracing the view that to have a right to property is to have a right to defend it run into what we call the Property Defense Dilemma. For if the only way to defend property is to defend it disproportionately, then a private property right – contrary to what these thinkers claim – is not accompanied by a right to defend it. The most plausible way out of the dilemma – the present paper argues – is to conceive of private property rights as only weakly absolute, to use Matthew H. Kramer’s illuminating distinction. On the other hand, libertarians who as Walter Block would like to escape the dilemma by replacing the proportionality standard with the gentleness principle run into other sorts of problems (moral implausibility, incoherence) which also shows that it is the libertarian view on rights as infinitely stringent side constraints that calls for revision and attenuation.
本文认为,信奉比例原则的自由意志主义者(如穆瑞·罗斯巴德、斯蒂芬·金塞拉)认为,拥有财产权就意味着拥有捍卫财产权的权利,他们陷入了我们所说的财产保护困境。因为,如果保护财产的唯一方法是不成比例地保护它,那么,与这些思想家所主张的相反,私有财产权并不伴随着保护它的权利。本文认为,摆脱这一困境的最合理的方法是,利用马修·h·克雷默(Matthew H. Kramer)富有启发性的区别,将私有产权设想为只是弱绝对的。另一方面,像沃尔特·布洛克(Walter Block)这样的自由意志主义者,想要通过用温和原则取代比例标准来摆脱困境,却遇到了其他类型的问题(道德上的不可信、不连贯),这也表明,自由意志主义者认为权利是无限严格的侧面约束,需要修正和削弱。
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«Analysis and Existence» is a quarterly published in paper version (the basic version) and electronically (in Open Access system); licence CC BY-SA. The Journal is included in the Directory of Open Access Journals (DOAJ). The Journal has been published since 2005, at the beginning twice a year, and since 2011 as a quarterly. Since 2007 the Journal has been listed in the DOAJ, since 2015 in the European Reference Index for the Humanities (ERIH PLUS), and since 2016 in the SCOPUS. The Journal has been publishing articles in Polish, English and German. In 2017 there were 40 volumes of the Journal «Analysis and Existence». Among the authors who have published their articles in the Journal there were such celebrities as Rae Langton, Graham Oppy, Wlodek Rabinowicz, Richard Rorty, John Skorupski, Richard Swinburne, and Michael Teunissen. We invite to cooperate with the Journal all the scholars who investigate existential problems, as well as the ones who concentrate on analysis and arguments. We aspire to a philosophy that is solid and reliable as much as possible, a philosophy that deals with important existential questions. We proceed only papers submitted on this webside by "Suggest article".