Rank #1: KOL211 | Corporations and the Corporate Form
My interview on the Wake Up Call podcast, Episode 44: Corporations and the Corporate Form.
From the shownotes page:
Stephan Kinsella joins Adam Camac and Daniel Laguros to discuss corporations and the corporate form, common objections, and state interventions in the area.
1. In Defense of the Corporation by Stephan Kinsella (October 27, 2005)
2. Corporate Personhood, Limited Liability, and Double Taxation by Stephan Kinsella (October 18, 2011)
1. Against Intellectual Property by Stephan Kinsella
2. In Defense of the Corporation by Robert Hessen
1. KOL170: Tom Woods Show: Are Corporations Unlibertarian? (January 24, 2015)
24. The Nature of Property and Problems with Intellectual Property Laws with Stephan Kinsella (Wednesday, March 30, 2016)
Apr 28 2016
Rank #2: KOL136 | Children’s Rights, Spanking, and Libertarianism: Truth Over Comfort Podcast
A discussion with Carlos Morales on the Truth Over Comfort podcast. We discuss children's rights, spanking, my article "How We Come To Own Ourselves," "intractable" issues like abortion, etc.
Jul 22 2014
Rank #3: KOL210 | Ask a Libertarian: Lafayette County LP
This is my interview, mostly on IP, by Josh Havins, of the Lafayette County (Mississippi) Libertarian Party: Their episode: "Ask a Libertarian #6 - Stephan Kinsella - Against Intellectual Property" (video embedded below).
Mar 18 2016
Rank #4: KOL259 | “How To Think About Property”, New Hampshire Liberty Forum 2019
This is my main presentation at New Hampshire Liberty Forum, Feb. 8, 2019. Recorded on my iPhone. I'll upload a higher quality version later, if it becomes available.
My Powerpoint that I used is embedded below:
KOL 037 | Locke’s Big Mistake: How the Labor Theory of Property Ruined Political Theory
A Libertarian Theory of Contract: Title Transfer, Binding Promises, and Inalienability
Rothbard on the “Original Sin” in Land Titles: 1969 vs. 1974 (Nov. 5, 2014)
“What Libertarianism Is”, see esp. n. 25 and accompanying text, regarding tracing title, in a property dispute, back to a common author (ancestor in title).
Bonus: Below is my 30 minute (or so) appearance on the Vin Armani and Dave Butler (of Vin and Dave's Destination Unknown podcast) livestream of the Free State Project's New Hampshire Liberty Forum, Day 1 -- we discussed government versus the state, intellectual property, and related issues.
Rewind a bit to enjoy the cool "New Hampshire" song
Feb 09 2019
Rank #5: KOL158 | “The Social Theory of Hoppe: Lecture 6: Political Issues and Applications; Hoppe Q&A”
This is the final of 6 lectures of my 2011 Mises Academy course “The Social Theory of Hoppe.”
The slides for this lecture are appended below; links for“suggested readings” for the course are included in the podcast post for the first lecture, episode 153.
LECTURE 6: POLITICAL ISSUES AND APPLICATIONS; HOPPE Q&A
Update: The videos of all six lectures are now available here; the video for this particular lecture is embedded below.
Oct 20 2014
Rank #6: KOL180 | Tucker and Kinsella on Against Intellectual Property
Jeff Tucker and I discussed IP and my original Against Intellectual Property article. The video can be seen here, and it's embedded below:
Spreecast is the social video platform that connects people.
Check out Liberty Classics: Against IP on Spreecast.
Mar 31 2015
Rank #7: KOL184 | Intellectual Property is the Root of All Evil (PorcFest 2015)
Last month I attended PorcFest 2015 and delivered this talk on intellectual property. Video version below (followed by a lower quality version shot by James Cox).
I also participated in a debate on anarchy and participated in a couple of radio shows (Ernie Hancock’s Freedom Phoenix and Free Talk Live). James Cox shot some other videos as well, which are up on his channel; a few of these are also embedded below.
Porcfest 2015: The Root of All Evil (official PorcFest version)
Lecture: Intellectual Property is the Root of All Evil: Porcfest 2015 (James Cox version)
Stephan Kinsella - Intellectual Property: The Root of All Evil
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In this talk, Kinsella explains that the most evil state policies and institutions include war, taxation, state provided education, central banking, the drug war — and intellectual property, or IP, namely patent and copyright law. In the modern age, IP's importance, and the damage it causes, have increased. Patent originated in protectionism and mercantilism, while copyright originated in censorship. In this modern age of high tech, globalization and international trade, the economic cost of patent law and its detrimental effect on innovation has gotten many times worse. Copyright limits the freedom to learn and communicate and threatens to undermine freedom on the Internet, one of the most important tools to fight against the state.
Kinsella, a practicing patent attorney, argues that IP is in a sense the most insidious of the major state institutions. War, taxation, the drug war, and other state laws and institutions are obviously illiberal and rights violations. However, patent and copyright law fly under the banner of intellectual "property" rights, confusing even many anti-state libertarians, who normally support property rights. Kinsella argues that IP rights are based on a fallacious understanding of rights—namely, confusions in Locke's 'labor theory of property'—and that this error pervades and corrupts much modern thinking about the role of law and property rights and the state. The damage caused and the threat posed by IP is greater than most people realize; it is growing; and the intellectual error behind it must be exposed.
Executive Editor, Libertarian Papers
Stephan Kinsella is a practicing patent attorney and a libertarian writer and speaker. He Founder and Executive Editor of Libertarian Papers, Director of the Center for the Study of Innovative Freedom (C4SIF). A former adjunct professor at South Texas College of Law, he has published numerous articles and books on IP law, international law, and the application of libertarian principles to legal topics, including Against Intellectual Property... Read More →
Friday June 26, 2015 5:00pm - 5:45pm
Attendance numbers do not account for private attendees. Get there early!
Jul 29 2015
Rank #8: KOL018 | “Libertarian Legal Theory: Property, Conflict, and Society: Lecture 1: Libertarian Basics: Rights and Law” (Mises Academy, 2011)
This is lecture 1 (of 6) of my 2011 Mises Academy course “Libertarian Legal Theory: Property, Conflict, and Society.” I'll release the remaining lectures here in the podcast in upcoming days.
This lecture's topic is "Libertarian Basics: Rights and Law," and discusses:
Legal Theory and Austrian Economics
Scarcity and Property Rights
Rights as property rights
The Nature of rights
the Is-Ought Problem
Argumentation Ethics and Estoppel
Essence of Libertarianism
Labor ownership and mixing
For slides for all six lectures, plus extensive hyperlinked suggested reading material, see this Libertarian Standard post. For a listing of the syllabus and topics covered in each lecture, see this Mises blog post.
For more information, see my Mises Daily article "Introduction to Libertarian Legal Theory," and Danny Sanchez's post Study Libertarian Legal Theory Online with Stephan Kinsella.)
Update: The videos of all six lectures are now available here; the video for this particular lecture is embedded below.
Feb 20 2013
Rank #9: KOL169 | Daniel Rothschild Interview: The Origins and Purpose of Property Rights
I was interviewed today by Daniel Rothschild for his "Live Free, Die Old" Youtube channel. We discussed primarily the fallacious argument that Lockean-libertarian-based property titles are flawed if they are based on conquest or cannot be traced back to the first homesteader.
Rothbard on the “Original Sin” in Land Titles: 1969 vs. 1974
Mises, Rothbard, and Hoppe on the “Original Sin” in the Distribution of Property Rights
Justice and Property Rights: Rothbard on Scarcity, Property, Contracts…
Property Title Records and Insurance in a Free Society
Jan 13 2015
Rank #10: KOL094 | Liberty Talk 004: Cody Wilson on 3D Printing, the Liberator (3D gun), Dark Wallet, Intellectual Property, and Control of Information by the State
[Update: for more on whether bitcoin is ownable property, see this Facebook thread. And see: Tokyo court says bitcoins are not ownable. See also:
"in the WSJ article Tax Plan May Hurt Bitcoin, the article notes that legal tender laws are, in fact, jeopardizing BTC. Bitcoins are now classified by the IRS as “property” “instead of” as legal tender money, meaning capital gains taxes are owed on transactions. I mentioned this danger in my talk; a similar problem afflicts the re-adoption of gold or silver as money. But as I noted in the Q&A to my talk, I am not persuaded that bitcoins are ownable resources—things subject to property rights. The IRS here assumes that something is either money or property. This is one danger of BTC advocates using the language of property rights to describe bitcoins. I would argue that bitcoins are not legally owned and thus capital gains taxes are not applicable—or at least, this is one argument the target of a government tax evasion suit might want to use." KOL085 | The History, Meaning, and Future of Legal Tender ]
This week we talked to Cody Wilson, Director of Defense Distributed, inventor of the world-first working 3D printed gun, "The Liberator", and director of DarkWallet. See his Indiegogo campaign to fund Bitcoin Dark Wallet (see video below). Jeff asked him to recommend some of the books that had influenced him. They are:
The Society of the Spectacle, by Guy Dubord
The History of Sexuality, by Michel Foucault
On the Genealogy of Morality, by Nietzsche
Nov 09 2013
Rank #11: KOL189 | Defining and Promoting Libertarianism—Interview by Richard Storey
This is an interview I did a few weeks ago with English libertarian Richard Storey. We discuss the nature of libertarianism, its roots in Western Rationalism and how to defend and promote it, property rights and scarcity, the significance of Hoppe's argumentation ethics, praxeology, Misesian dualism, logical positivism, legal positivism, and related matters.
What Libertarianism Is
Argumentation Ethics and Liberty: A Concise Guide
Logical and Legal Positivism
Sep 07 2015
Rank #12: KOL149 | IP And Beyond With Stephan Kinsella – Non-Aggression Podcast
My recent appearance on the Non-Aggression Podcast with host Mike Cuneo, aka 412 Libertarian. We talked about IP, Georgism, Stefan Molyneux's use of the DMCA to do a copyright takedown of a critic on youtube, whether Hitler is responsible for the holocaust, and the like.
From his show notes:
IP And Beyond With Stephan Kinsella – Non-Aggression Podcast
I had the pleasure of speaking at length with Stephan Kinsella, a patent attorney, libertarian author and scholar, and head of the Center For The Study of Innovative Freedom, or C4SIV.
Stephan also runs the site StephanKinsella.com
Causation and Aggression (free PDF file), the paper we spoke about in the later part of the podcast.
One of my favorite articles of all time, “What It Means To Be An Anarcho Capitalist.”
Kinsella is the author of the groundbreaking book “Against Intellectual Property”(freely available for download)
Here is the article that I alluded to when speaking about the marble statue example, as to why creation alone is not sufficient or necessary for ownership.
Aug 30 2014
Rank #13: KOL161 | Argumentation Ethics, Estoppel, and Libertarian Rights: Adam Smith Forum, Moscow (2014)
This was my (remotely delivered) presentation at the 6th Adam Smith Forum, Moscow, Russia (Nov. 2, 2014):
From the programme:
"Entitled "Argumentation Ethics, Estoppel, and Libertarian Rights," Kinsella discusses the nature and definition of libertarianism and surveys different arguments and theories for its particular conception of rights and politics, including natural rights, consequentialist, and utilitarian approaches. He concludes with an overview of two more recent and unique approaches to justifying libertarian rights, the "argumentation ethics" approach of Austrian economist and political philosopher Hans-Hermann Hoppe, and Kinsella's own "estoppel" theory of rights."
This is my second speech at the Adam Smith Forum; the first was “Why Intellectual Property is not Genuine Property,” 3rd Adam Smith Forum, Moscow, Russia (Nov. 12, 2011), also via remote video.
I did not prepare a new powerpoint but I drew heavily on the one linked here, and included below. Here is the transcript.
The main resources I drew on, which I mentioned in the lecture, include:
New Rationalist Directions in Libertarian Rights Theory
Argumentation Ethics and Liberty: A Concise Guide
Defending Argumentation Ethics: Reply to Murphy & Callahan
A Libertarian Theory of Punishment and Rights
How We Come To Own Ourselves
These issued were also discussed in further detail in previous Mises Academy courses:
KOL155 | “The Social Theory of Hoppe: Lecture 3: Libertarian Rights and Argumentation Ethics” (the slides for this lecture are appended below; links for“suggested readings” for the course are included in the podcast post for the first lecture, episode 153)
KOL108 | “Why ‘Intellectual Property’ is not Genuine Property,” Adam Smith Forum, Moscow (2011)
SLIDES FOR THE SOCIAL THEORY OF HOPPE: LECTURE 3: LIBERTARIAN RIGHTS AND ARGUMENTATION ETHICS
Nov 08 2014
Rank #14: KOL068 | James Cox: Why Man Made Law Is Slavery!
Jun 16 2013
Rank #15: KOL 024 | Daniels, Kinsella, Marks, Hoppe, Tucker: “Discussion, Q&A” (PFS 2012, Day 3)
I previously podcasted my speech from September 2012 at the 2012 Annual Meeting of the Property and Freedom Society in Bodrum, Turkey (KOL001 | "The (State's) Corruption of (Private) Law" (PFS 2012)). Later that day I and the other speakers from that day, including Jeff Tucker and Hans-Hermann Hoppe, participated in a general panel discussion and Q&A session, which is included in this podcast episode.
Topics discussed include the issue of preemptive attacks and standing threats, spanking and libertarianism, Gresham's law and law and legislation, strategies for liberty in life and how to avoid corruption in an unfree world. On the latter topic, I talked about the power of attraction and also vocally objecting, speaking out, when hearing statist sentiments from friends, co-workers, etc. There were also questions about how victims of aggression can achieve restitution from the aggressor, what does he have the right to do to the aggressor—issues such as proportionality, punishment, ostracism, and so on.
For other speeches at the PFS 2012 meeting, see the links in the Program, or the PFS Vimeo channel.
Day 3 Q&A Part 1 from Property & Freedom Society on Vimeo.
Day 3 Q&A Part 2 from Property & Freedom Society on Vimeo.
Feb 25 2013
Rank #16: KOL071 | “Intellectual Property Law and Policy” at NYU School of Law Symposium (2011)
This is my appearance at a New York University School of Law/Journal of Law and Liberty Symposium: “Plain Meaning in Context: Can Law Survive its Own Language?” (February 18, 2011); my panel was “Intellectual Property Law and Policy." Our panel was preceded by a keynote speech on a somewhat unrelated topic by Professor Richard Epstein, and featured me and two law professors specializing in IP law.
After Epstein's keynote speech, my talk was first. The podcast here omits Epstein's speech and begins with my own talk, and continues with the other two panelists' talks and the Q&A session in which I answered a few questions. The full video, which includes Epstein's introductory talk, is online here and included below.
Note: near the end of Epstein's speech (at 48:11, in the embedded video version) I asked him a question about federalism and the doctrine of selective incorporation; he gave a fair answer, but one I disagree with on the grounds the privileges and immunities clause did not unambiguously mean to incorporate a large set of "fundamental rights" into the Fourteenth Amendment, as Raoul Berger has argued. On the IP panel, a more general Q&A and interpanelist interchange session starts around 1:53:14 in the video (57:35 in this podcast excerpt), with me drawing a lot of the questions from fellow panelists and the audience. I was the only one who used a powerpoint; it cannot be seen from the posted video, so the file is here: The problem with IP, and also embedded also below.
Jul 12 2013
Rank #17: KOL129 | Speech to Montessori Students: “The Story of Law: What Is Law, and Where Does it Come From?”
This is a lesson/lecture I presented to a group of "Upper Elementary" Montessori students today at my son's school, The Post Oak School (Upper El includes 4th, 5th, and 6th grade students, and there were also a few third graders visiting from lower el, who are moving up next year). The students (25 or 30 or so) sat in a group at my feet, and were polite and interested the whole time. They asked many very intelligent and fun questions. I tried not to get too complicated, but did speak in fairly frank and sophisticated terms, tried not to talk down to them or dumb the talk down too much, and almost all of them hung in there till the end. The original plan was to speak for 40 or so minutes then take questions for another 15 or so, but we ended up going about an hour and 7 minutes, and then during lunch I had throng of students throwing more questions at me for another half hour. What amazing students; what an amazing school and educational approach. (This is one reason I love the Montessori approach; see my Montessori, Peace, and Libertarianism.) I included here only the main talk and Q&A, not the lunch banter. (An article prepared by 6th graders in the class, describing the lecture, appears in the first couple of pages of this issue of the class newsletter.)
I think this talk is suitable for kids from ages 9 to 16 or so.
The notes I used and handed out are reproduced below, with a few links added.
For more background on these topics, see the links below, as well as my short article Legislation and Law in a Free Society, adapted from my 1995 JLS article Legislation and the Discovery of Law in a Free Society, which contains detailed references; and my more detailed speech The (State’s) Corruption of (Private) Law, from the 2012 Annual Meeting of the Property and Freedom Society.
Update: Some people have asked me for further recommended readings, in legal history, etc. Unfortunately my library is packed away in boxes now for a renovation so I cannot peruse my legal theory/history titles, but from memory and some other notes I have, here are some suggested readings related to the talk. Some of my own personal favorites first:
Bruno Leoni, Freedom and the Law
Watson, Alan, The Importance of “Nutshells”
Herman, Shael, The Louisiana Civil Code: A European Legacy for the United States
Giovanni Sartori, Liberty and Law
Alan Watson, Roman Law and Comparative Law
The Story of Law, by John M. Zane (I haven't finished it yet but liked what read so far) (also online)
Arthur Hogue, The Origins of the Common Law
See also my post Book Recommendations: Private, International, and Common Law; Legal Theory, and also: The Greatest Libertarian Books and Other Top Ten Lists of Libertarian Books.
For some others:
A History of American Law, 2d. ed., 1985, Lawrence M. Friedman
Trakman, Leon E., The Law Merchant: The Evolution of Commercial Law
Oliver Wendell Holmes, The Common Law
Buckland, W.W. & Arnold D. McNair, Roman Law and Common Law: A Comparison in Outline
The Bramble Bush: On Our Law and Its Study, by Karl N. Llewellyn
Jhering, Dr. Rudolph von, The Struggle for Law
Harold J. Berman, Law and Revolution: The Formation of the Western Legal Tradition. “The latter is one of the greatest books (not just of law, but of any subject) I’ve ever read; and the former is full of interesting argument and facts. Berman also has a sequel, published a few years ago, that carries the story through the Protestant Reformation, but I haven’t read it yet. I venture to recommend it, sight unseen, on the strength of my admiration of its predecessor.” (Thanks to Robert Higgs.)
Alan Watson, The Making of the Civil Law
Rosalyn Higgins: Problems and Process: International Law and How We Use It
Giovanni Sartori, Democratic Theory
Merryman, John Henry, The Civil Law Tradition: An Introduction to the Legal Systems of Western Europe and Latin America, 2d. ed.
May 22 2014
Rank #18: KOL270 | Corbett Report: Law Without The State
This is my second appearance on The Corbett Report (Ep. 1453, 25 June 2019), with host James Corbett (from Japan):
Interview 1453 – Stephan Kinsella on Law Without the State
Stephan Kinsella joins us today to discuss the concept of law without the state. Is law and order possible without a state? What would that look like? And just what is “the law,” anyway? Find out more in this fascinating conversation on law, history, philosophy and anarchy.
What It Means To Be an Anarcho-Capitalist, LewRockwell.com (Jan. 20, 2004)
Fraud, Restitution, and Retaliation: The Libertarian Approach (Feb. 3, 2009)
Hoppe, Anarcho-Capitalism: An annotated bibliography, LewRockwell.com, December 31, 2001
KOL144 | Corbett Report Radio (2012)
Jun 25 2019
Rank #19: KOL175 | “Rethinking Intellectual Property: History, Theory, and Economics: Lecture 4: IP Statutes and Treaties; Overview of Justifications for IP; Property, Scarcity and Ideas; Rights-based Arguments for IP; Creation as a Source of Rights” (Mises Academy, 2011)
This is the fourth of 6 lectures of my 2011 Mises Academy course "Rethinking Intellectual Property: History, Theory, and Economics" (originally presented Tuesdays, Mar. 22-April 26, 2011; discussed on the Mises Blog in Study with Kinsella Online and in Rethinking Intellectual Property: Kinsella’s Mises Academy Online Course). I’ll release the remaining lectures here in the podcast feed in upcoming days. The first lecture may be found in KOL172.
The slides for the first lecture of this course are provided below. The course and other matters are discussed in further detail here. All slides and “suggested readings” for the entire course are provided in the notes for KOL172.
Lecture 4: IP STATUTES AND TREATIES; OVERVIEW OF JUSTIFICTIONS FOR IP; PROPERTY, SCARCITY AND IDEAS; RIGHTS-BASED ARGUMENTS FOR IP: CREATION AS A SOURCE OF RIGHTS
SUGGESTED READING MATERIAL
See the notes for KOL172.
Feb 17 2015
Rank #20: KOL123 | Debate with Jan Helfeld on Anarchy vs. Limited Government
Daniel Rothschild arranged for and moderated a debate between me and Objectivist/classical liberal (or whatever he is) Jan Helfeld. I lost my temper with the guy because I refused to let him do what I've seen him do to others—take the moral highground (which, as someone defending the state against me, a real libertarian, I was not going to let him do) and use his boring/bludgeoning "socratic" debate technique to try to boringly wear people down. I refused to give in to either, which resulted in the funny mess that you can see here.
Of course, Helfeld never seriously tried to justify aggression or the state. He read from a prepared script, like a parakeet. And one of his arguments hinted at the idea that the state does commit aggression but that it is worth it because it prevents more serious aggression that would occur under a condition of anarchy; though he never made this argument explicitly. The other one suggested by him is that if Stephan Kinsella might in some conceivable emergency commit trespass to steal food, that means that aggression is not objectionable as a general matter, i.e. the state is justified in stealing $3trillion a year from US taxpayers because a starving Stephan Kinsella could conceivably be willing to break into a cabin in the woods to steal a can of beans. Again, Helfeld does not want to make this argument so explicitly because then it would rightly subject him to ridicule.
My opening statement was originally lost due to technical issues and deleted by Helfeld, but James Cox somehow saved it and spliced it in with take two.
The following is a short portion that was deleted, but kept by Cox:
For those who think I was too rude or disrespectful to Helfeld, I submit this video showing his interaction with Jeff Tucker:
Update: See Robert Wenzel's post "Kinsela Constantly Insulted Me, Interrupted Me and Broke His Agreement" (Wenzel too stupid or sloppy to spell my last name right), and his post Is This What Kinsella Was Afraid Of?.
Apr 28 2014