Legal Foundations of a Free Society 2nd Edition by Stephan Kinsella 9798989030613

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ISBN 13: 9798989030613

Author: Stephan Kinsella

Legal Foundations of a Free Society is an updated selection of articles published over three decades dealing with a variety of issues in libertarian rights and legal theory, including the nature and foundations of libertarianism, rights and punishment theory, causation and responsibility, contract theory, and intellectual property. The chapters have been significantly revised and updated and integrated with each other with extensive cross-references, and with an extensive bibliography and index.

“… more than 40 years after the first publication of Rothbard’s Ethics of Liberty and characterized by much practical disappointment and increasing theoretical confusion, the publication of Stephan Kinsella’s present work must be considered a most welcome sign of renewed hope and new, refreshing intellectual inspiration. Indeed, with this work, that has been in the making for more than two decades, Kinsella has produced no less than an intellectual landmark, establishing himself as the leading legal theorist and the foremost libertarian thinker of his generation. While following in Rothbard’s footsteps, Kinsella’s work does not merely rehash what has been said or written before. Rather, having absorbed as well all of the relevant literature that has appeared during the last few decades since Rothbard’s passing, Kinsella in the following offers some fresh perspectives and an innovative approach to the age-old quest for justice, and he adds several highly significant refinements and improvements and some centrally important new insights to the theories of personhood, property and contract, most famously some radical criticism and rejection of the idea of ‘intellectual property’ and ‘intellectual property rights.’ … 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.” —From the Foreword, by Hans-Hermann Hoppe

Legal Foundations of a Free Society 2nd Table of contents:

PART I: LIBERTARIANISM

How I Became A Libertarian (2002)

What Libertarianism Is (2009)

What It Means To Be an Anarcho-Capitalist (2004)

PART II: RIGHTS

How We Come To Own Ourselves (2006)

A Libertarian Theory of Punishment and Rights (1997)

Dialogical Arguments for Libertarian Rights (1996/2019)

Defending Argumentation Ethics: Reply to Murphy & Callahan (2002)

PART III: LIBERTARIAN LEGAL THEORY

Causation and Aggression (2004)

A Libertarian Theory of Contract: Title Transfer, Binding Promises, and Inalienability (2003)

Inalienability and Punishment: A Reply to George Smith (1998–99)

Selling Does Not Imply Ownership, and Vice-Versa: A Dissection (2022)

Reply to Van Dun: Non-Aggression and Title Transfer (2004)

Legislation and the Discovery of Law in a Free Society (1995)

PART IV: INTELLECTUAL PROPERTY

Law and Intellectual Property in a Stateless Society (2013)

Against Intellectual Property After Twenty Years: Looking Back and Looking Forward (2023)

Introduction to Origitent (2018)

Conversation with Schulman about Logorights and Media-Carried Property (2018)

Goods, Scarce and Nonscarce (2010)

PART V: REVIEWS

Knowledge, Calculation, Conflict, and Law (1999)

Review of Anthony de Jasay, Against Politics: On Government, Anarchy, and Order (1998)

Taking the Ninth Amendment Seriously: A Review of Calvin R. Massey’s Silent Rights: The Ninth Amendment and the Constitution’s Unenumerated Rights (1997)

The Undeniable Morality of Capitalism (1994)

PART VI: INTERVIEWS & SPEECHES

On Libertarian Legal Theory, Self-Ownership and Drug Laws (2014)

Stephan Kinsella on the Logic of Libertarianism and Why Intellectual Property Doesn’t Exist (2012)

Libertarianism After Fifty Years: What Have We Learned? (2014)

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