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Kinsella On Liberty

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Austro-Anarchist Libertarian Legal Theory

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Austro-Anarchist Libertarian Legal Theory

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Kinsella is right

By Msupolitical - Nov 17 2016
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Awesome on IP, GREAT LIBERTY MINDED individuals

Excellent podcast

By Arachno-Crabitalist - Apr 20 2014
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Kinsella is the go-to thinker for libertarian property theory explanations.

iTunes Ratings

23 Ratings
Average Ratings
20
0
1
0
2

Kinsella is right

By Msupolitical - Nov 17 2016
Read more
Awesome on IP, GREAT LIBERTY MINDED individuals

Excellent podcast

By Arachno-Crabitalist - Apr 20 2014
Read more
Kinsella is the go-to thinker for libertarian property theory explanations.
Cover image of Kinsella On Liberty

Kinsella On Liberty

Updated 1 day ago

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Austro-Anarchist Libertarian Legal Theory

Rank #1: KOL 038 | Debate with Robert Wenzel on Intellectual Property

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Kinsella on Liberty Podcast, Episode 038.

[update: I have just updated the mp3: I forgot to record it at my end until about 1:07, but my audio quality was better. So I spliced in the better second half from my recording. So starting at 1:07 or so you can hear better audio quality at my end, and no worse at Wenzel's.]

Blogger Robert Wenzel and I had a "debate" earlier today about IP, to be jointly put up on my podcast and his Economic Policy Journal "podcast" (it's on his site at Kinsella Crushed!! and Initial Report on Debate, and mentioned ahead of time several times as linked below). Bob is an Austrian libertarian (I think) blogger but has been criticizing me and Jeff Tucker's anti-IP views for a few years now (see links below), so we decided to discuss it.

The discussion went on for over 2 hours. It went about as I expected: he tried to dwell on side points, he refused to—was unable to—even attempt to define IP much less provide a coherent justification for it. He repeatedly engaged in question-begging: calling using information you learn from others "stealing," which presupposes that there is some owned thing that is stolen. He started out with several bizarre, off-point attacks: for example challenging my claim in my 2001 piece Against Intellectual Property that Rothbard was one of the original libertarian opponents of IP. The entire criticism by Wenzel is bizarre because whether or not I am right in listing Rothbard as an opponent of patent and copyright has nothing to do with whether IP is justified. Further, later in the paper I have an extensive section dealing with Rothbard's attempt to come up with some kind of contractual scheme that emulated some aspects of IP, which he confusingly calls "copyright." Some libertarians, like Wenzel, apparently think Rothbard did support copyright (though Wenzel repeatedly equivocates on whether he is talking about state copyright or Rothbard's private "copyright" scheme), or patent, or something in between, and others say he didn't. For example  David Gordon writing on LewRockwell.com, in Sam Konkin and Libertarian Theory, observes:
... anti-IP views were very much in the air thirty years ago: Wendy McElroy stands out especially in my mind as a forceful and effective critic of IP. Even earlier, Rothbard had in Man, Economy, and State (1962) favored the replacement of the state system of patents and copyrights with contractual arrangements, freely negotiated. (If one moves outside modern libertarianism, Benjamin Tucker rejected IP well over a century ago as Wendy McElroy has documented in an outstanding article.
Rothbard did not take this "contractual copyright" idea very far and indeed I believe it contradicts other aspects of his thought such as his contract theory (ch. 19 of Ethics of Liberty), his opposition to reputation rights/defamation law (ch. 16), and his explicit opposition to patents (ch. 16, also Man, Economy, and State and Power and Market, Scholars Edition, pp. liv, 745-54, 1133-38, 1181-86).

But anyway, what does it matter? It's a bizarre appeal to authority. I am quite sure that Rothbard would have agreed with us anti-IP libertarians if he had had more time to sort it out; as I noted, it's implied in all the structure of his political theory. This is why Hoppe easily saw this by integrating Rothbardian  and Misesian political economic ideas (Hoppe on Intellectual Property). But so what if he would not have? Then he would have been wrong. And so what if I had been wrong in listing Rothbard as an early libertarian opponent of IP (though he arguably was; although as the paper explained later on, his position was not fully fleshed out and/or had ambiguities). How does this prove IP is legitimate? It does not, but Wenzel has no good argument for IP which is why he for over two hours refuses my repeated requests that he provide one—after all, it's supposed to be a debate about IP. In fact in my opening statement I explained that the burden of proof is on ...

Apr 01 2013

2hr 23mins

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Rank #2: KOL169 | Daniel Rothschild Interview: The Origins and Purpose of Property Rights

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Kinsella on Liberty Podcast, Episode 169.

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.

Background material:

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

1hr 25mins

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Rank #3: KOL011 | “Intellectual ‘Property'” (The Lew Rockwell Show, Sept. 24, 2008)

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Kinsella on Liberty Podcast: Episode 011.

This is an interview I did with Lew Rockwell, from 2008: “Intellectual ‘Property,’” The Lew Rockwell Show (Sept. 24, 2008)

Feb 05 2013

15mins

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Rank #4: KOL207 | Patent, Copyright, and Trademark Are Not About Plagiarism, Theft, Fraud, or Contract

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Kinsella on Liberty Podcast, Episode 207.

A stand-alone episode recorded late at night on my iPhone—had to get it out, thinking about it was keeping me from sleeping. Audio quality is fine, though no pop filter or pro-microphone, as I just used my iPhone. Slight nasal cold leftover from snow-skiing trip altitude sickness is there, but it seems not to be too distracting.
Background material:

Against Intellectual Property, "IP as Contract" section
Fraud, Restitution, and Retaliation: The Libertarian Approach (Feb. 3, 2009)
The Problem with “Fraud”: Fraud, Threat, and Contract Breach as Types of Aggression (July 17, 2006)
Stop calling patent and copyright “property”; stop calling copying “theft” and “piracy”
A Libertarian Theory of Contract: Title Transfer, Binding Promises, and Inalienability, Journal of Libertarian Studies 17, no. 2 (Spring 2003): 11-37
Reply to Van Dun: Non-Aggression and Title Transfer, Journal of Libertarian Studies, Volume 18, no. 2 (Spring 2004)

Feb 21 2016

33mins

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Rank #5: KOL155 | “The Social Theory of Hoppe: Lecture 3: Libertarian Rights and Argumentation Ethics”

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Kinsella on Liberty Podcast, Episode 155.

This is the third of 6 lectures of my 2011 Mises Academy course "The Social Theory of Hoppe." I’ll release the remaining lectures here in the podcast feed in upcoming days.

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 3: LIBERTARIAN RIGHTS AND ARGUMENTATION ETHICS
Update: The videos of all six lectures are now available here; the video for this particular lecture is embedded below.

Oct 16 2014

1hr 42mins

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Rank #6: KOL129 | Speech to Montessori Students: “The Story of Law: What Is Law, and Where Does it Come From?”

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Kinsella on Liberty Podcast, Episode 129.

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

1hr 7mins

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Rank #7: KOL157 | “The Social Theory of Hoppe: Lecture 5: Economic Issues and Applications”

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Kinsella on Liberty Podcast, Episode 157.

This is the fifth of 6 lectures of my 2011 Mises Academy course “The Social Theory of Hoppe.” I’ll release the final lecture here in the podcast feed shortly.

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 5: ECONOMIC ISSUES AND APPLICATIONS
Update: The videos of all six lectures are now available here; the video for this particular lecture is embedded below.

Oct 19 2014

1hr 41mins

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Rank #8: KOL158 | “The Social Theory of Hoppe: Lecture 6: Political Issues and Applications; Hoppe Q&A”

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Kinsella on Liberty Podcast, Episode 158.

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

1hr 51mins

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Rank #9: KOL123 | Debate with Jan Helfeld on Anarchy vs. Limited Government

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Kinsella on Liberty Podcast, Episode 123.

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

1hr 48mins

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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

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Kinsella on Liberty Podcast, Episode 094. This is the audio for episode 004 of Liberty Talk, a weekly Google hangout-based podcast with Jeffrey Tucker and me (Google Plus page; Youtube Channel).

[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

1hr 1min

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Rank #11: KOL068 | James Cox: Why Man Made Law Is Slavery!

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Kinsella on Liberty Podcast, Episode 068.

Jun 16 2013

9mins

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Rank #12: KOL004 | Interview with Walter Block on Voluntary Slavery

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Kinsella on Liberty Podcast: Episode 004.

My longtime friend Walter Block was recently in town, and while we visited had several discussions on libertarian theory, as we usually do when we see each other. He agreed to let me record a discussion on one of the few issues we do not completely agree on: voluntary slavery; we recorded this last night. Walter believes voluntary slavery contracts ought to be enforceable in a private law society, and in this I believe he is in the minority of libertarians (with Nozick, say). We touched on a variety of issues, including debtor's prison, how acquisition of body-rights differs from Lockean homesteading, and the like.

Some of my writing relevant to this topic and our discussion include:

A Libertarian Theory of Contract: Title Transfer, Binding Promises, and Inalienability, Journal of Libertarian Studies 17, no. 2 (Spring 2003): 11-37
Inalienability and Punishment: A Reply to George Smith, Winter 1998-99, Journal of Libertarian Studies.
How We Come To Own Ourselves, Mises Daily (Sep. 7, 2006) (Mises.org blog discussion; audio version)
Causation and Aggression (co-authored with Patrick Tinsley), The Quarterly Journal of Austrian Economics, vol. 7, no. 4 (winter 2004): 97-112

Walter's articles on this topic include:

Toward a Libertarian Theory of Inalienability: A Critique of Rothbard, Barnett, Gordon, Smith, Kinsella and Epstein, Journal of Libertarian Studies, Vol. 17, No. 2, Spring 2003, pp. 39-85
“Alienability: Reply to Kuflik,” Humanomics. Vol. 23, No. 3, 2007, pp. 117-136
“Are Alienability and the Apriori of Argument Logically Incompatible?” Dialogue, Vol. 1, No. 1. 2004.
Alienability, Inalienability, Paternalism and the Law: Reply to Kronman American Journal of Criminal Law, Vol. 28, No. 3, Summer 2001, pp. 351-371
Market Inalienability Once Again: Reply to Radin Thomas Jefferson Law Journal, Vol. 22, No. 1, Fall 1999, pp. 37-88
Alienability, Inalienability, Paternalism and the Law: Reply to Kronman

Jan 27 2013

43mins

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Rank #13: KOL058 | Guest on Gene Basler Show: Anarcho-capitalist issues (2010)

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Kinsella on Liberty Podcast, Episode 058.
I appeared on the Gene Basler Show (May 30, 2010), discussing a variety of anarcho-libertarian matters–environmentalism, nuclear power, state propaganda in government schools, class action lawsuits, reparations, how to achieve an anarcho-libertarian society, animal rights, positive rights and obligations, forced heirship, and so on (an edited transcript to appear as a chapter in Gene Basler, Environmental Non-Policy: Interviews on Environment, War and Liberty, forthcoming August 2011).

Transcript:

Gene: I’m pleased to welcome as my guest Stephan Kinsella. Are you there, Stephan?

Stephan Kinsella: I’m here. Glad to be here, Gene.

Gene: Thanks for coming on. Let me read Stephan’s profile on Wikipedia: “Kinsella is General Counsel of Applied Opto-Electronics, Incorporated, of Sugar Land, Texas. A practicing intellectual property attorney and former adjunct professor of law at South Texas College of Law, where he taught computer law, Kinsella is actively involved with libertarian legal and political theory, and is adjunct scholar of the Mises Institute, as well as the former Book Review Editor for the Institute’s Journal of Libertarian Studies. He is also a contributor to the news and opinion blog at LewRockwell.com and is the creator of Libertarian Papers, a peer-reviewed online journal published under the Creative Commons Attribution 3.0 License. He writes that, after college, he “began to put more emphasis on Austrian economics and paleo-libertarian insights of Rothbard, Hans-Hermann Hoppe and Rockwell”.

“Kinsella’s legal publications include books and articles about patent law, contract law, e-commerce law, international law and other topics. Kinsella has also published and lectured on a variety of libertarian topics, often combining libertarian and legal analysis. Kinsella’s views on contract theory, causation and the law, intellectual property, and rights theory (in particular his Estoppel Theory) are his main contributions to libertarian theory.

“In contract theory, he extends Murray Rothbard’s and Williamson Evers’ title transfer theory of contract, linking it with inalienability theory while also attempting to clarify that theory. Title transfer theory of contract: Kinsella sets forth a theory of causation that attempts to explain why remote actors can be liable under libertarian theory. He gives non-utilitarian arguments for intellectual property being incompatible with libertarian property rights principles. He advances the discourse ethics argument for the justification of individual rights, using an extension of the concept of Estoppel.”

Welcome to the show, Stephan.

Stephan Kinsella: Thanks very much, Gene.

Gene: Okay. Here at Anarcho-Environmentalism, we, namely I, argue that there are indeed real environmental concerns out there. We argue that air pollution, water pollution, etc., are indeed real environmental concerns, that Global Climate Change ain’t one of ‘em, and that market and voluntary solutions are preferable to government or policy-based solutions. I guess my first question for you is, as an expert in patent law, do you think the existence of patent law is really nothing more than just one more way government runs block for favored and well-connected market participants by protecting environmentally irresponsible means and methods of production? And if so, does this not logically follow that patent law harms the environment?

Stephan Kinsella: Well, that’s an interesting connection. For years now, I’ve been trying to trace out all the harms from patent law. Environmentalism is not one I have made yet. I could see that some arguments could be made. I do think that patent law is a type of protectionism, similar to minimum-wage law and antitrust law, sort of counter-intuitively, and that they do protect the larger companies. For example, most of the smaller entrants to businesses or to new markets don’t have a large patent portfol...

May 21 2013

1hr 15mins

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Rank #14: KOL149 | IP And Beyond With Stephan Kinsella – Non-Aggression Podcast

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Kinsella on Liberty Podcast, Episode 149.

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

1hr 14mins

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Rank #15: KOL 045 | “Libertarian Controversies Lecture 1” (Mises Academy, 2011)

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Kinsella on Liberty Podcast, Episode 045.

This is lecture 1 (of 6) of my 2011 Mises Academy course “Libertarian Controversies.” This lecture contained an overview of basic austro-libertarian concepts and started discussing various libertarian "misconceptions," regarding the left-right spectrum, coercion and force vs. aggression, the jurisdiction of private defense agencies, and related issues. I’ll release the remaining lectures here in the podcast feed in upcoming days.

This course followed on my speech "Correcting some Common Libertarian Misconceptions," from the 2011 Annual Meeting of the Property and Freedom Society (May 27-29, 2011; see KOL 044 | “Correcting some Common Libertarian Misconceptions” (PFS 2011)). That talk  engendered a good deal of discussion and interest, but in the time allotted for a single speech I was able to cover only a small number of the topics I had assembled over the years. In the 6 week Mises Academy course, “Libertarian Controversies” (Sept. 19-Oct. 23, 2011), I covered these and related topics in greater depth. The course was planned for 5 weeks initially, but I added a sixth "bonus" lecture at student request. The course is discussed in my Mises Daily article “Libertarian  Controversies” (Aug. 25, 2011); here are the audio and slides for all six lectures. The “suggested readings” for this lecture are appended below.

Update: see also

KOL185: Clarifying Libertarian Theory (Liberty.me, July 2014)
KOL 044 | “Correcting some Common Libertarian Misconceptions” (PFS 2011)
SUGGESTED READING MATERIAL

General background readings are below; other particular links are provided in the slides for each lecture:

Recommended Background Readings

Kinsella, “What Libertarianism Is"
Kinsella, "Libertarian  Controversies"
Hoppe, A Theory of Socialism and Capitalism [TSC], chapters 1-2, 7

Optional Background Readings

Rothbard, For A New Liberty [FaNL] and Ethics of Liberty [EoL] (both strongly recommended)
Huebert, Libertarianism Today (Scribd free version; Vance’s review; Kinsella review
Rockwell & Rothbard, eds., The Free Market Reader
Walter Block, Defending the Undefendable
Frederic Bastiat, The Law
Milton Friedman, Capitalism and Freedom
Linda & Morris Tannehill, The Market for Liberty
Lysander Spooner, No Treason No. VI: The Constitution of No Authority
Ayn Rand, Capitalism: The Unknown Ideal

Kinsella

What It Means To Be an Anarcho-Capitalist
How We Come To Own Ourselves
Causation and Aggression
Punishment and Proportionality: The Estoppel Approach
Inalienability and Punishment: A Reply to George Smith
Argumentation Ethics and Liberty: A Concise Guide
Defending Argumentation Ethics: Reply to Murphy & Callahan
New Rationalist Directions in Libertarian Rights Theory
Against Intellectual Property
The Case Against IP: A Concise Guide
The Trouble with Libertarian Activism
Legislation and the Discovery of Law in a Free Society
Summary version: Legislation and Law in a Free Society

Recommended Background Readings: Other

David Friedman, The Machinery of Freedom
Gary Chartier, The Conscience of an Anarchist
Bruno Leoni, Freedom and the Law
Bastiat, The Law; Economic Sophisms and Economic Harmonies
Charles Murray, What it Means to be a Libertarian
David Boaz, Libertarianism: A Primer; The Libertarian Reader: Classic and Contemporary Writings from Lao Tzu to Milton FriedmanRichard Epstein, Simple Rules for a Complex World
Jeffery Miron, Libertarianism, from A to Z

Optional Background Readings: Bibliographies

Hoppe, Anarcho-Capitalism: An annotated bibliography
Kinsella, The Greatest Libertarian Books
David Gordon on Liberty
Lew Rockwell on Reading for Liberty
Others at LRC Bibliographies
Update: The videos of all six lectures are now available here; the video for this particular lecture is embedded below.

May 02 2013

1hr 49mins

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Rank #16: KOL203 | Libertarian Theory Q&A – Facebook Live

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Kinsella on Liberty Podcast, Episode 203.

This is a Libertarianism Q&A I did using the new Facebook Mentions "Live Video" feature (from this Facebook post). I fielded a few questions on various topics, e.g. verbal threats as assault, assault and battery, causality, praxeology, etc.
Background:

A Libertarian Theory of Punishment and Rights
How We Come To Own Ourselves
Causation and Aggression
The Limits of Armchair Theorizing: The case of Threats
The Problem with “Fraud”: Fraud, Threat, and Contract Breach as Types of Aggression

Facebook Live Video below:

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// ]]>
Libertarian Theory Q&A

Posted by Stephan Kinsella on Monday, January 11, 2016

Jan 11 2016

33mins

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Rank #17: KOL181 | Tom Woods Show: It Is Impossible to Argue Against Libertarianism Without Contradiction

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Kinsella on Liberty Podcast, Episode 181.

I discussed argumentation ethics with Tom Woods on his show today:
Ep. 370 It Is Impossible to Argue Against Libertarianism Without Contradiction
By Tom Woods / March 31, 2015 / Podcast
Stephan Kinsella discusses the argumentation ethics of Hans-Hermann Hoppe, who argues that only libertarian norms can be argumentatively.
READ MORE
Tom cleverly chose as the title for the episode a provocative one reminiscent of the bold title of Hoppe's Liberty article,  "The Ultimate Justification of the Private Property Ethic"  (September 1988).

I've discussed it several times in the past in audio and text. See, e.g.:

“Argumentation Ethics and Liberty: A Concise Guide” (2011) (Audio)
"New Rationalist Directions in Libertarian Rights Theory"
KOL155 | “The Social Theory of Hoppe: Lecture 3: Libertarian Rights and Argumentation Ethics”
“Argumentation Ethics, Estoppel, and Libertarian Rights: Adam Smith Forum, Moscow”
“Argumentation Ethics, Estoppel, and Libertarian Rights: Transcript”
“Libertarian Legal Theory: Property, Conflict, and Society: Lecture 1: Libertarian Basics: Rights and Law”
“Libertarian Legal Theory: Property, Conflict, and Society: Lecture 2: Libertarian Basics: Rights and Law-Continued”
“Argumentation Ethics and the Philosophy of Freedom,” by Frank van Dun
"Argumentation Ethics" (Wikipedia)
The A priori of Argumention, video introduction by Hoppe

Update: response by Bob Murphy here: Stephan Kinsella Discusses Argumentation Ethics With Tom Woods. For more: see Defending Argumentation Ethics: Reply to Murphy & Callahan, Anti-state.com (Sept. 19, 2002) (wayback version) (reply to Bob Murphy and Gene Callahan, Hans-Hermann Hoppe’s Argumentation Ethic: A Critique, Anti-state.com (Sept. 19, 2002; wayback version; more recent version at JLS; Block’s rejoinder); debate discussed in this forum).

Mar 31 2015

50mins

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Rank #18: KOL071 | “Intellectual Property Law and Policy” at NYU School of Law Symposium (2011)

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Kinsella on Liberty Podcast, Episode 071.

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

1hr 17mins

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Rank #19: KOL195 | The 21st Century Anarchist Podcast Ep. 038: IP with Stephan Kinsella

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Kinsella on Liberty Podcast, Episode 195.

This is my appearance on theThe 21st Century Anarchist Podcast Ep. 038: IP with Stephan Kinsella, with host Hermann Morris.

Oct 04 2015

53mins

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Rank #20: KOL200 | Anarchist Standard Interview: Anarchy, AI, Religion, and the Prospects for Liberty

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Kinsella on Liberty Podcast, Episode 200.

I was interviewed yesterday by Steve Rose of The Anarchist Standard about a libertarian/anarchist strategy and a variety of other matters.

From his description:

"Stephan and I discussed his path to anarchism, the changing labels for the liberty movement, artificial intelligence, religion, world government, and prospects for the future of liberty."

Dec 23 2015

1hr 19mins

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