Autorzy artykułu argumentują, że libertarianie (tacy jak Murray Rothbard, Stephan Kinsella), którzy jednocześnie podpisują się pod zasadą proporcjonalności w obronie własności prywatnej oraz pod poglądem, iż posiadanie prawa własności prywatnej oznacza posiadanie prawa do jej obrony, popadają tym samym w dylemat polegający na tym, iż jeżeli jedynym sposobem obrony prawa własności prywatnej jest jego nieproporcjonalna obrona, to to własności tej - wbrew temu, co ów pogląd głosi - nie towarzyszy prawo do jej obrony. Najlepiej uzasadnionym sposobem wyjścia z tego (...) dylematu jest osłabienie peremptoryjności praw własności prywatnej, czyli skonceptualizowanie tychże praw jako absolutnych jedynie w słabym sensie tego słowa (korzystając z dystynkcji zaproponowanej przez Matthew H. Kramera). Z kolei libertarianie, którzy tak jak Walter Block chcieliby wybrnąć z rzeczonego dylematu poprzez zastąpienie zasady proporcjonalności zasadą delikatności, popadają w innego rodzaju problemy (nieintuicyjność moralną czy ogólną niekoherencję), co jest tylko kolejnym argumentem na rzecz tezy, iż osłabienie wymogów praw własności prywatnej jest najlepiej uzasadnionym sposobem przezwyciężenia rozważanego tu dylematu. (shrink)

O presente estudo encontra-se inserido mais diretamente nas linhas de pesquisa de História da Filosofia Moderna e do Pensamento Ético-Político, temos alguns estudos filosóficos sobre o pacifismo erasmiano na “Queixa da Paz” como aqueles realizados por Meulen (1990), Hoffmann (2000), Kinsella e Carr (2007), Martín e Chornet (2007), Dungen (2008) e Christi (2009).

John Kinsella is widely known as an ‘international regionalist’, activist, anarchist, poet, novelist. As Nicolas Birns explains in the introduction to Kinsella and this particular novella, Pink Salt, this affords his work a kind of stretch across places and times, particulars and universals, region and the world system and its ecosystems. The publication of this work in Thesis Eleven is an auspicious occasion for us. The journal has long published writing about literature, its politics and performance. Here we (...) present the act in literature itself. It is, as Birns shows, a kind of text where real is surreal, and the other way around. It offers an experiment in writing in politics that we hope opens new vistas, both closer to home and afar. (shrink)

My Mises Daily article “Libertarian Controversies” ran today, discussing my upcoming Mises Academy course, Libertarian Controversies, which some Libertarian Papers readers may find of interest.

?A highly useful core text for courses in the field?as well as an invaluable reference for any serious student of the ethics of war.??Albert Pierce, U.S. Naval AcademyWhen and why is war justified? How, morally speaking, should wars be fought? The Morality of War confronts these challenging questions, surveying the fundamental principles and themes of the just war tradition through the words of the philosophers, jurists, and warriors who have shaped it.The collection begins with the foundational works of just war (...) theory, as well as those of two competing perspectives, realism and pacifism. Subsequent selections focus on issues related to the resort to war, the conduct of war, and the judgment of war crimes. Both traditional just war concerns and those that have emerged in response to contemporary developments?such as the U.S. ?war on terror??are thoroughly covered.With articles that are crucially relevant to today?s world paired with contextual introductions to each section, the reader is ideally constructed to inform and guide students as they consider the morality of past and current military actions.David Kinsella is associate professor of political science at the Hatfield School of Government, Portland State University. He is editor of International Studies Perspectives and coauthor of World Politics: The Menu for Choice. Craig L. Carr is professor of political science at the Hatfield School of Government. He is author of On Fairness and editor of The Political Writings of Samuel Pufendorf. (shrink)

I thank Lamont Rodgers for critically discussing my work and giving me the chance to clarify and elaborate several points about the sufficiency proviso and moderate libertarianism in general. I hope this exchange will help us better understand where the main points of disagreement lie. After a very brief summary of what moderate libertarianism […].

This paper presents a reconceptualization of autonomy as the iterative realization of one’s capacity for “effective self-definition,” that is, possessing a sense of clarity and coherence in “who I am,” and exercising the decisional and volitional ownership over my life that this engenders. This process is “Relational,” wherein people’s interpersonal interactions have a deep and pervasive influence on their ability to recognize and exercise their autonomous capacities. This Relational understanding of autonomy is contextualized within the field of addiction rehabilitative practice. (...) Addiction is a pathology that progressively and insidiously undermines autonomy – producing a number of negative consequences that present themselves along a “continuum of pervasiveness.” In order to most fully foster rehabilitation, therapeutic alliances should to be attentive to facilitating autonomy’s dialogical antecedents. Here, interpersonal recognition can help clients to more fully recognize their own autonomous resources – enabling them to embark on their rehabilitative journey and achieve broader autonomous living. This paper concludes by proposing ways that practitioners can manifest their recognition of their clients’ autonomy within the therapeutic encounter. (shrink)

Law Professor Gary Chartier, of La Sierra University, has joined the journal’s Editorial Board. Professor Chartier, author of the forthcoming The Conscience of an Anarchist, was recently awarded the La Sierra University Faculty Senate’s once-every-three-years Distinguished Scholarship Award. We are honored to have his participation.

This paper explores whether the case against intellectual property can be strengthened by appealing to the work of F.A. Hayek. It strives first to establish a Hayekian research agenda on copyright by providing a unified reading of Hayek’s scattered remarks and positioning them within a broader picture of the contemporary philosophy, politics, and economics […] The post “The Use of Torrents in Society” appeared first on Libertarian Papers.

Donald Schön’s theory of reflective practice has received unprecedented attention as an approach to professional development in nursing and other health and social care professions. This paper examines technical rationality in Schön’s theory of reflective practice and argues that its critique is a broad and often overlooked epistemological underpinning in this work. This paper suggests that the popularity of Schön’s theory is tied in part to his critique of technical rationality, and to his acknowledgement of the significance of practitioner experience (...) and indeterminate zones of practice in the development of expertise. Schön tapped into a growing disillusionment with technical rationality that coincided with a crisis of knowledge across a range of disciplines. The question is raised as to whether Schön’s critique sets up a dichotomy between technical rationality and experience, or overcomes it. The conclusions suggest that Schön is not discarding research‐based professional knowledge, but rather challenging conflated views of its practical significance. In this way, it is proposed that his critique of technical rationality can be interpreted as an attempt to overcome dualistic thinking as it pertains to professional knowledge. (shrink)

Donald Schön’s theory of reflective practice has been extensively referred to and has had enormous impact in education and related fields. Nonetheless, there continues to be tremendous conceptual and practical confusion surrounding interpretations of reflective practice and philosophical assumptions underlying the theory. In this paper, I argue that one of the original contributions of reflective practice is the theory’s attention to an embodied reflective dimension. In this regard, the influences of Michael Polanyi and Gilbert Ryle, within Donald Schön’s classic work, (...) are examined and shed light on a unique embodied reflective dimension within the theory of reflective practice. This paper suggests that the notion of an embodied mode of reflection is a useful way to conceive of the original contributions that Schön brings to understandings of reflective processes in professional education. Such understanding is crucially important to practical applications of the theory amidst widespread confusion in educational contexts. (shrink)

This paper examines the dynamics of hostile takeovers as a form of corporate warfare. There are a number of compelling reasons for believing this to be an accurate approximation to corporate reality and therefore an appropriate analogy. In circumstances where it is all-too easy for either of the protagonists to act unethically, there is an evident need for an appropriate template through which to analyse and evaluate the ethical dilemmas that HT's inevitably raise —whilst also, where possible, employing its prescriptions (...) as a means of corporate conflict resolution. This paper evaluates just war theory as one such template. In seeking a conceptually adaptable framework for analysing, interpreting and articulating antagonistic behaviour during a HT, it became apparent in the course of the research that JWT provided a potentially useful and viable template within which to pursue the above. The research questions centre not necessarily on whether this template could in some way be a substitute for statutory and regulatory constraints on unethical conduct but, rather, whether it might better inform all stakeholders of the importance of ethically informed restraint in the interest of the greater good. (shrink)

Reflective practice is one of the most popular theories of professional knowledge in the last 20 years and has been widely adopted by nursing, health, and social care professions. The term was coined by Donald Schön in his influential books The Reflective Practitioner , and Educating the Reflective Practitioner , and has garnered the unprecedented attention of theorists and practitioners of professional education and practice. Reflective practice has been integrated into professional preparatory programmes, continuing education programmes, and by the regulatory (...) bodies of a wide range of health and social care professions. Yet, despite its popularity and widespread adoption, a problem frequently raised in the literature concerns the lack of conceptual clarity surrounding the term reflective practice. This paper seeks to respond to this problem by offering an analysis of the epistemology of reflective practice as revealed through a critical examination of philosophical influences within the theory. The aim is to discern philosophical underpinnings of reflective practice in order to advance increasingly coherent interpretations, and to consider the implications for conceptions of professional knowledge in professional life. The paper briefly examines major philosophical underpinnings in reflective practice to explicate central themes that inform the epistemological assumptions of the theory. The study draws on the work of Donald Schön, and on texts from four philosophers: John Dewey, Nelson Goodman, Michael Polanyi, and Gilbert Ryle. Five central epistemological themes in reflective practice are illuminated: (1) a broad critique of technical rationality; (2) professional practice knowledge as artistry; (3) constructivist assumptions in the theory; (4) the significance of tacit knowledge for professional practice knowledge; and (5) overcoming mind body dualism to recognize the knowledge revealed in intelligent action. The paper reveals that the theory of reflective practice is concerned with deep epistemological questions of significance to conceptions of knowledge in health and social care professions. (shrink)

I construct a genealogy of the principle of distinction; the injunction to distinguish between combatants and civilians at all times during war. I outline the influence of a series of discourses--gender, innocence, and civilization --on these two categories. I focus on the emergence of the distinction in the seventeenth-century text "On the Law of War and Peace", authored by Hugo Grotius, and trace it through the twentieth-century treaties of the laws of war--the 1949 Geneva Protocols and the 1977 Protocols Additional. (...) I draw out how the practices of and referents for our current wars partially descend from and are governed by the binary logics of Christianity, barbarism, innocence, guilt, and sex difference articulated in Grotius's text. These binaries are implicated in our contemporary distinction of "combatant" and " civilian," troubling any facile notion of what "humanitarian" law is or what "humanitarian" law does, and posing distinct challenges to theorizations of the laws said to regulate war. (shrink)

An ethic of self-ownership combined with Lockean homesteading of external resources provides a plausible grounding both for anarchist opposition to the state and for an attractive anarchist legal order. Such an ethic can be understood as specifying that each person prima facie has the right to control his or her own body; and that Lockean homesteading, under which the owner of any scarce resource is its first user , should provide the basis for property rights in such previously unowned goods. (...) Given these rules, monopoly privileges like patent and copyright cannot be justified, as they infringe on self-ownership-based body-rights and/or property rights in external resources. In this article, I explain why IP rights are inconsistent with the moral grounds for a stateless society’s legal order, and speculate about the practices or laws that might prevail in the absence of IP in such a system. (shrink)

As noted in Volunteer Sought for DOAJ Listings, Libertarian Papers is indexed in a large number of indexing and related services, and, since May 2009, has been indexed in the Directory of Open Access Journals (DOAJ) (see Libertarian Papers Indexed in DOAJ). Our journal entry is here. Only our very first article had been manually [...].

The purpose of this article is to offer an alternative, more nuanced analysis of the labelling of frontline workers as heroes than originally proposed. Here, we argue that the hero narrative in itself need not be problematic, but highlight a number of wider factors that have led to the initial rise in support for labelling frontline workers as heroes. Through our related work, we have gathered similar stories from frontline workers where they feel betrayed, let down or otherwise short-changed by (...) the hero label, and we have sought to make sense of this through understanding more about how the hero label is used rather than what it means. In this article, we propose a way forward where there is greater discussion around the hero label in this context where individuals can be heroes but still struggle, still fail and still feel vulnerable, and where heroism is viewed as a state of interdependence between heroic actor and the wider group. It is true that heroes can inspire, lead, guide and build morale and camaraderie, but collective responsibility is held with us all. We can draw hope and energy from our heroes, but we must dig deep and be proactive, particularly in the face of adversity. In doing so, we support the heroes to lead from the front and ensure that even though we cannot physically help; we are not making their situation worse. (shrink)

I am seeking volunteer referees to review 7 draft articles submitted to Libertarian Papers. I list the titles and Abstracts of a few of them below. If you are potentially interested in reviewing any of these, or if you have any particular referee suggestions for any of them, please contact me. I’d be happy to [...].

As readers of Libertarian Papers know, all LP articles are published free and in PDF and in the original Word source file. We use the Creative Commons Attribution 3.0 License so people are free to do what they want with our articles–reprint them, incorporate them into new works, include them as chapters in books–just grab [...].

The argument of ‘Nuclear Song’ is pursued at various extremities of the damage done to poetic imagination by what the poem never quite names as ‘the’ nuclear. ‘Nuclear Song’ opens with an epigraph asking how far human agency, even the resources of poetic song, are complicit with anthropogenic radioactivity. Is there a poetic grammar for representing nuclear plumes and umbrellas, the yellow cake and toxic clouds of nuclear trauma that radiate from Japan through the English language? Can poetry even be (...) written after and in the light of Fukushima? What future-proof forms of memory stewardship and signage can survive the ruins of nuclear wastelands? What happens to the lyric stanza when it is irradiated, its very atoms split and fused in new compounds? This song of the nuclear anthropocene attempts to find nodes and notes of resistance to the metaphorical radiation emanating from the dark ecology of nuclear horizons. Amid the ruins, alternative ecologies of mourning and reconciliation with nuclear pains are imagined: imagination dead imagine. The unnatural history born witness to concludes with glimpses of wild boars in the radioactive environs of Fukushima, boars in search of the truffles of scarred art with which the poem begins. (shrink)

by Kris Borer Narrated by Kris Borer Read the article.

I am grateful to Fabian Wendt for responding to my evaluation of his work on Moderate Libertarianism. Wendt’s efforts are important because they focus on foundational issues of justice and there is a dearth of quality work on those issues these days. Due to lack of space, the most productive way to structure this […] The post “The Still Tenuous Foundations of a Sufficiency Proviso: A Rejoinder to Wendt” appeared first on Libertarian Papers.

Fabian Wendt proposes combining libertarian foundations with a proviso that requires a just system of private property to ensure that everyone has a sufficient amount of resources to pursue projects. He calls this proviso a sufficiency proviso. This proviso is said to have advantages over all rival provisos “because it better coheres with the […] The post “The Tenuous Foundations of the Sufficiency Proviso” appeared first on Libertarian Papers.

Libertarian opponents of anarchy are attacking a straw man. Their arguments are usually utilitarian in nature and amount to "but anarchy won’t work" or "we need the (things provided by the) state." But these attacks are confused at best, if not disingenuous. To be an anarchist does not mean you think anarchy will "work" (whatever that means); nor that you predict it will or "can" be achieved. It is possible to be a pessimistic anarchist, after all. To be an anarchist (...) only means that you believe that aggression is not justified, and that states necessarily employ aggression. And, therefore, that states, and the aggression they necessarily employ, are unjustified. It’s quite simple, really. It’s an ethical view, so no surprise it confuses utilitarians. (shrink)

The Táin Bó Cuailnge, centre-piece of the eighth-century Ulster cycle of heroic tales, is Ireland's greatest epic. It tells the story of a great cattle-raid, the invasion of Ulster by the armies of Medb and Ailill, queen and king of Connacht, and their allies, seeking to carry off the great Brown Bull of Cuailnge. The hero of the tale is Cuchulainn, the Hound of Ulster, who resists the invaders single-handed while Ulster's warriors lie sick. Thomas Kinsella presents a complete (...) and living version of the story. His translation is based on the partial texts in two medieval manuscripts, with elements from other versions, and adds a group of related stories which prepare for the action of the Táin. Illustrated with brush drawings by Louis le Brocquy, this edition provides a combination of medieval epic and modern art. (shrink)

Please feel free to send me nominations for the best LP article from 2010. Alford Prize Awarded for Best Libertarian Article in 2009 The O.P. Alford III Prize in Libertarian Scholarship is a $1000 prize awarded by the Mises Institute each year for the the article published in the preceding volume of Libertarian Papers that [...].

Libertarian Papers is pleased to announce that Peter Klein, Associate Professor of Applied Social Sciences and Director of the McQuinn Center for Entrepreneurial Leadership at the University of Missouri, has joined the Editorial Board.

The Capital Free Press has compiled a list of the top ranked “libertarian websites based on the number of unique visitors in the most recent month according to the data compiled by Compete.” The post is pasted below. Not surprisingly, LewRockwell.com is the most visited libertarian site. Four of my own sites made the list: ….